Digital Commons Network^™

Reading And Writing Workshop In A Multiage Primary Classroom, Pamela Evanshen, Susan Lewis

ETSU Faculty Works

No abstract provided.

Domestic Violence And Asylum: Is The Department Of Justice Providing Adequate Guidance For Adjudicators, Christina Glezakos

Santa Clara Law Review

No abstract provided.

My Father Is A Woman, Oh No: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interest Of The Child, Helen Y. Chang

Santa Clara Law Review

No abstract provided.

Liability For The Threat Of A Sale: Assessing Patent Infringement For Offering To Sell An Invention And Implications For The On-Sale Patent Ability Bar And Other Forms Of Infringement, Timothy R. Holbrook

Santa Clara Law Review

No abstract provided.

Presumed Functional Until Rebutted: The Increased Difficulty Of Obtaining Trade Dress Protection With An Expired Utility Patent, Nancy Sya

Santa Clara Law Review

No abstract provided.

Privileged Justice Under Law: Reinforcement Of Male Privilege By The Federal Judiciary Through The Lens Of The Violence Against Women Act And U.S. V. Morrison, Jennifer R. Johnson

Santa Clara Law Review

No abstract provided.

Reflections On The Myth Of Icarus In The Age Of Information, Allen S. Hammond Iv

Santa Clara High Technology Law Journal

No abstract provided.

Intellectual Property Strategy In Bioinformatics And Biochips, Dennis Fernandez, Mary Chow

Santa Clara High Technology Law Journal

No abstract provided.

Can Fingerprints Lie?: Re-Weighing Fingerprint Evidence In Criminal Jury Trials, Tamara F. Lawson

Articles

This article discusses fingerprint evidence and its use in criminal jury trials. It is commonly thought that fingerprints "never lie"; however, this article reveals the little known fact that the "science" of fingerprint identification has never been empirically tested or proven to be reliable. It further exposes the seldom-discussed issue of fingerprint misidentification and latent print examiner error. The article explains the importance of fingerprint evidence and its extensive use in all phases of the criminal justice system. Specifically, the article plays out the dramatic courtroom scenario of incriminating fingerprints being found at a crime scene and matching the accused …

Selberg's Trace Formula On The K-Regular Tree And Applications, Audrey Terras, Dorothy Wallace

Dartmouth Scholarship

We survey graph theoretic analogues of the Selberg trace and pretrace formulas along with some applications. This paper includes a review of the basic geometry of a k-regular tree E (symmetry group, geodesies, horocycles, and the analogue of the Laplace operator). A detailed discussion of the spherical functions is given. The spherical and horocycle transforms are considered (along with three basic examples, which may be viewed as a short table of these transforms). Two versions of the pretrace formula for a finite connected k-regular graph ×□Γ\Ξ are given along with two applications. The first application is to obtain an asymptotic …

Costs Of Feeding Guinea Pigs In Two Meat-Producing Populations In The Field And Experimental Station, Sara Taborga Galindo

Theses and Dissertations

The cost of feeding has been pointed out as the most trascendet investment inside a guinea-pig production. The present work carries out with the purpose to determine and to quantify feeding costs, total costs of production and profitability of Tamborada and MEJOCUY guinea-pig populations. In the stage of suckling period, breed and gestation, experimental station and field. The result of feeding cost was 0.05 and 0.03 $US in suckling period (14 days) for Tamborada and MEJOCUY population, in breeding (42 days) it was 0.14 $US in both populations and in gestation (67 days), it was 0.42 and 0.40 $US. In …

Determination Of The Botanical And Chemical Composition Of The Pasture Diet Selected By Llamas (Lama Glama) During The Rainy Season In The Community Of Pujrata, Cristóbal Achu Nina

Theses and Dissertations

Llamas (Lama glama) take advantage of poor natural forage (grasses and others) due to their efficient digestive physiology that is adapted for this type of forage. The problem now faced is the gradual exhaustion of the native grassland (low phytomass production). The vegetation does not cover the dry matter consumption requirements, and less so the nutrient requirements, of these animals. Because of this there is the necessity of determining the botanical composition, pasture selection by plant parts, and chemical composition of what llamas ingest in order to improve these animals' nutrition in the pasture. This study occurred at the Larqa …

Review Of American Men: Who They Are & How They Live, Rebecca Tolley

ETSU Faculty Works

Review of American Men : Who They Are & How They Live. New Strategist. 2002. 387p, 1-885070-44-6, $89.95

Defining Religion, James M. Donovan

Law Faculty Books and Chapters

The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the …

Serving Pro Se Patrons: An Obligation And An Opportunity, Kerry Fitz-Gerald

Faculty Articles

Historically, non-lawyer patrons in law libraries have been viewed with discomfort, and library services, even in libraries open to the public, have been geared toward members of the legal community. However, changes in both the needs of the public and in the demographics of library patrons are challenging the traditional allocation of services in public law libraries. This article discusses the reasons for the traditional allocation of services, the cultural and economic forces that are bringing the public to law libraries in greater numbers, and new modes of service that can better meet the needs of public patrons.

The Changing Nature Of Long-Term Care In Maine, Paul Saucier Ma, Julie T. Fralich Mba

Disability & Aging

The increase in the proportion of older adults, many with one or more chronic medical conditions, will increase the demand for long-term care. Paul Saucier and Julie Fralich discuss the socio-demographic factors affecting long-term care policy, and describe various state and federal options for providing and financing long-term care. They note that Maine’s long-term care system has so far been able to absorb considerable growth in people by serving increasing numbers in lower-cost settings. Cost sharing has been introduced, and tax policy has been changed to provide incentives for long-term care insurance. Policymakers must now consider whether the current balance …

Evaluation Of Rink Link Alpha One – Center For Independent Living, Josephine M. Laplante

Disability & Aging

No abstract provided.

Reflections [Complete Issue : First Quarter 2003], Sigma Theta Tau International, Joyce J. Fitzpatrick, Lynne Lancaster, David Stillman, Jennifer L. Hobbs, Fjola Hart-Wasekeesikaw, Mary Pattock, Roselin Ang, Long Chooi Fong, Agnes A. Oggot, Bridget Linehan Logan

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

The Case for the Clinical Doctorate in Nursing

Tips …

Reflections [Complete Issue : Second Quarter 2003], Sigma Theta Tau International, Kathy N. Player, Beth P. Houser, Linda M. Finke, Genevieve Gray, Barbara Medoff-Cooper, Jennifer Couvillon, Pamela Woods, Anne R. Bavier, Laura Moran Pena, Carol M. Musil, James Mattson

Sigma Past Publishing - Reflections Magazine

Publishing History: Print issues of Reflections magazine were published from 1975 to 1999 and its successor, Reflections on Nursing Leadership (RNL) began publication in 2000. RNL migrated to an online format, http://www.reflectionsonnursingleadership.org, in 2006 and continues today.

RNL is a member benefit of the Honor Society of Nursing, Sigma Theta Tau International (STTI). The historical print issues have been made openly available.

Publishing Frequency: Quarterly until its transition to online. It’s now updated virtually every day.

Format: Print, 1975 - 2005; Online, 2006 - present

Feature Articles in this Issue:

Take the Lead!

Still Opening Doors

Conspiracy of Silence …

Excellence In Nursing Administration [Complete Issue - Digital Origin: Second Quarter 2003, Vol. 4, 2], Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency:

Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Inside the Rush Model: Leading …

Status And Habitat Characteristics Of The Saltmarsh Topminnow, Fundulus Jenkinsi (Evermann) In Eastern Mississippi And Western Alabama Coastal Bayous, Mark S. Peterson, Gregory L. Fulling, Christa M. Woodley

Gulf and Caribbean Research

The saltmarsh topminnow, Fundulus jenkinsi (Evermann, 1892), occurs sporadically along the northern Gulf of Mexico and appears to prefer Spartina habitat. Throughout its range, it is considered rare or threatened and has been placed on the US Federal Register's List of Candidate Species. In order to determine the status and habitat characteristics of this species, we examined collections from 1985-1986, 1996, 1999, and 2001 from eastern Mississippi and western Alabama. We report on 868 F. jenkinsi collected in 82 locations using 414 seine hauls and 420 Breder traps over 40 dates. Results using all collections indicated F. jenkinsi is not …

The People's Court Examined: A Legal And Empirical Analysis Of The Small Claims Court System, Bruce Zucker, Monica Her

University of San Francisco Law Review

ONE OF THE most fascinating aspects of the legal system involves the small claims court process. Often referred to as the "People's Court,"' it is a part of the court that comes most directly into contact with the citizenry of a jurisdiction. "Some cases are bizarre, most are interesting, and all are serious to the parties." 2 Provided that the dollar amount is less than or equal to the jurisdictional limit,3 almost any type of civil action can come to small claims court,4 irrespective of the complexity of the case

Expert Testimony And The Opinion Rule: Conforming The Evidence Code To The Federal Rules, Miguel A. Mendez

University of San Francisco Law Review

No abstract provided.

The Intricacies Of Commercial Arbitration In The United States And Brazil: A Comparison Of Two National Arbitration Statutes, Matthew Heaphy

University of San Francisco Law Review

AS TRADE WITHIN the Western Hemisphere proliferates, transnational trade partners increasingly rely on arbitration as a means of dispute resolution in lieu of litigation. Brazil, the largest economy in Latin America, has historically been slow to adopt arbitration due to a lack of enforcement of arbitration agreements by the courts beyond the remedy of contractual damages and the requirement of judicial ratification of arbitral awards. The perception of Brazil's cautious approach to arbitration changed with the passage of Law No. 9.307 of 26 September 1996 ("Law No. 9.307"), bringing it closer in line with the pro-arbitration United States Federal Arbitration …

Be Prepared: Unsuspecting Employers Are Vulnerable For Title Vii Sexual Harassment Environment Claims, Jeffrey S. Lyons

University of San Francisco Law Review

CONGRESS ENACTED TITLE VII of the Civil Rights Act of 19641 ("Tide VII") to protect employees from discrimination in the workplace. 2 Over the past three decades, however, Title VII hostile work environment actions have expanded potential liability for employers to the point that the employers must take preventive measures or be susceptible to unexpected Title VII suits. An unprepared employer could be caught off guard in situations where, over the course of an employee's tenure, the employee endures occasional pranks, or is exposed to occasional sexual epithets, or coarse or vulgar language. While each of these situations clearly exposes …

Separating Fact From Fiction In The Debate Over Application Of The Alien Tort Claims Act To Violations Of Fundamental Human Rights By Corporations, Terry Collingsworth

University of San Francisco Law Review

There was virtually no dissent, judicially or politically, to opening the federal courts to foreign victims of human rights violations with the ATCA and TVPA, and allowing individuals, usually former military officials, to be brought to justice in the United States.

The American Worker: Junior Partner In Success And Senior Partner In Failure, Charles B. Craver

University of San Francisco Law Review

Over the past two decades, the United States has enjoyed the greatest sustained economic growth in history. Despite recent stock reversals, the DowJones average has risen ten-fold from 1,000 in 1980 to approximately 10,000 today. Individuals who purchased shares of stock to finance business expansion have reaped the benefits of business success.

Toward A Just Model Of Alienability Of Human Tissue, Brian Budds

University of San Francisco Law Review

As the body becomes the stuff of which products are made, the issue of its ownership becomes paramount. To date, the most widely significant authority on the subject is the California Supreme Court case Moore v. Regents of the University of California.4 That controversial, and influential, decision held that use by researchers of cells removed from a patient's body did not support an action for conversion-the wrongful taking and use of another's property. 5 The court stated that a patient who unknowingly has cells harvested does not retain a property interest in those cells."

Musical Sound Recordings As Works Made For Hire: Money For Nothing And Tracks For Free, Scott T. Okamoto

University of San Francisco Law Review

While the entire Copyright Clause has been the subject of extensive academic and judicial dissection, two phrases in particular are relevant to this discussion. "Author" means not only the narrow definition of a writer, "but rather [has] reach necessary to reflect the broad scope of constitutional principles." "[T]he term, in its constitutional sense, has been construed to mean an 'originator," 'he to whom anything owes its origin."' Thus, under this broad construction, an "Author" means anybody who creates an original work; that is, produces something "of one's own independent efforts".

Lethal Injections: The Law, Science, And Politics Of Syringe Access For Injection Drug Users, Scott Burris, Steffanie A. Strathdee, Jon S. Vernick

University of San Francisco Law Review

ENSURING THAT INJECTION drug users who cannot or will not stop injecting have access to sterile syringes is an important part of a comprehensive approach to reducing the transmission of viral and bacterial infections associated with injection drug use. I Seen purely in terms of public health science and prevention practice, ensuring syringe access for injection drug users is clearly an appropriate strategy: both evaluation research and experience in the field show that adequate syringe access produces positive health effects without negative social side effects.