Digital Commons Network^™

Methods Of Measuring Contamination In Wood From Buildings At The Badger Army Ammunition Plant, Kyle M. Rasmussen

Theses and Dissertations

No abstract provided.

Kentucky's Perpetual Prisoner Machine: It's About Money, Stephen C. Richards, James Austin, Richard S. Jones

Social and Cultural Sciences Faculty Research and Publications

Kentucky is currently facing a severe budget crisis and is seeking ways to lower its prison and community corrections costs. This article focuses on our study of the prison and parole experience of men and women in Kentucky. What we found is a virtual “perpetual incarceration machine” where prisoners are recycled from prison to parole and back to prison. The following discussion includes: Kentucky's prison population continues to grow, parole failure, methods, description of interview samples, interview data, the structure producing parole failure, and Kentucky's perpetual incarceration mechine. Based on our findings, several promising reforms are recommended that if implemented …

Development Agreements: Bargained-For Zoning That Is Neither Illegal Contract Nor Conditional Zoning, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This Article explores the new model of land use decision-making that is based upon bargaining with the landowner. The fact of a bargain raises the issue of whether such bargaining amounts to “contract zoning” based upon a bilateral contract between the municipality and the landowner, which is largely held to be illegal, or a related form of bargaining, not involving an exchange of promises in the context of a bilateral agreement--“conditional zoning.” Part II of this Article discusses the emergence of the development agreement, which involves a contract with a municipality and the developer under which the developer is assured …

Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.

"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …

Over-Preemption Of State Vacatur Law: State Courts And The Faa, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article will examine the state courts' approach to FAA preemption on a vacatur motion since the most recent Supreme Court FAA preemption decisions. This Article will demonstrate that, with little or no analysis, state courts over-apply the FAA to commercial arbitration awards, particularly the "manifest disregard" prong, causing what I call "over-preemption" and frustrating their own state's interests in the application of its arbitration law. Part II of this Article will briefly review Supreme Court FAA preemption jurisprudence. Part III of this Article will use illustrative state court decisions to demonstrate that the state courts are applying FAA preemption …

Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher

Elisabeth Haub School of Law Faculty Publications

Can a parent be legally required to control the gender of a child? What is the legal justification of a forced disintegration of a family? This Essay will try to address these issues, raised by an unusual legal dispute between parents who believed that they should raise their child as a girl, and a state agency that insisted on a masculine upbringing as a boy.

Birth After Death: Perpetuities And The New Reproductive Technologies, Sharona Hoffman, Andrew P. Morriss

Faculty Scholarship

The Rule Against Perpetuities ("Rule" or "RAP") has long terrorized law students and lawyers alike: "no interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest." Despite this deceptively simple formulation, the Rule's complexities have bedeviled generations of property students and practitioners on both sides of the Atlantic. Reformers argue that the Rule's complexity is unnecessary to achieve the Rule's objectives and turns it into merely a malpractice trap.

Despite this "reign of terror," the Rule continues to apply in various forms in most …

Correlation Of The Wingate Anaerobic Power Test With The Reed Repeat Skate Test In Women's Collegiate Hockey, Jerel J. Brandt

Theses and Dissertations

No abstract provided.

Reconfiguring Childhood Boys And Girls Growing Up Global, Cindi Katz

Publications and Research

Children are a spur, a commitment, a way of imaging the future—but all too often these sorts of phrases just rattle around a vacuum, their utterance the beginning and end of the commitment. We emphasize “the best interests of the child,”but this gloss provides a moral imperative to all manner of uncompleted projects and unfulfilled policies. Likewise, the use of children’s images or presence in public forums of all types gives a patina of honorableness to practices and plans that never actually make good on the promissory note of childhood. The 1992 Rio Earth Summit is a notable example. Such …

Creative Uses Of Cultural Genres, Colette Daiute

Publications and Research

Telling - or writing - a story about an event in your life is telling a social story. Autobiographical narrations are also, to be sure, personal and unique, but the social nature of narrating is often overlooked in research and education. In particular, to appreciate what young people are doing when we ask them to share their personal experiences in public institutions like school, we need a theory to guide our reading of narratives as conversations.

This chapter focuses on how young narrators juggle the demanding yet potentially rewarding activity of narrating in public settings, and it offers insights for …

To Stand On Their Own: Women’S Higher Education In Contemporary Kerala, India, Alcira Forero-Pena

Dissertations, Theses, and Capstone Projects

This is a study of the significance for women of college education as it occurs in colleges administered by Christian nuns in Kerala, India. Particularly, it looks at the paradoxical effects of the dramatic social changes Kerala underwent during the twentieth century that guaranteed, among other things, formal education, including post-secondary, to a large proportion of women. On the other hand, it shows not only the persistence of blatant social inequalities fed by class, caste, and gender distinctions but also the increase in inequality due to the forces of globalization. On close examination, there is little correlation between the vast …

Prostitution, Hustling, And Sex Work Law And Policy, Polly Thistlethwaite

Publications and Research

Prostitution, hustling, and sex work are forms of labor, not erotic preferences or identities as are gay, lesbian, bisexual, and transgender, but sex workers and queers alike are stigmatized and criminalized for consensual sexual activity. The state – federal, state, and local law enforcement – routinely interferes with certain types of sexual activity. Enforcement of laws regulating sex behavior often varies given the discretion of local police. In her 1989 essay “Thinking Sex,” Gayle Rubin positions sex-for-money, prostitution, with pornography, promiscuous sex, pornography, and homosexual sex in the low status “outer limits” of the contemporary American sex hierarchy; while heterosexual, …

Modeling And Measuring The Dispersion Of Odors From Hog Confinements, François Béra

Dissertations and Theses @ UNI

A comparison was made between predicted and measured odor concentration downwind of two hog finishing confinements. Two Gaussian dispersion models, STINKBAK and AERMOD, were used. The experimental cases examined odor emanating from a mechanically-ventilated facility and a curtain-sided facility during summer 2003. A field olfactometer was used to measure odor concentration. The odor concentrations served as input to STINKBAK, which then estimated the odor emission rate from the confinement. AERMOD used this emission rate and other meteorological data to predict the peak concentration of odor around the confinement over the sampling hour.

The calculated odor emission rates are slightly higher …

The Impact Of The Iowa Children's Water Festival On The Children's Attitudes And Behaviors Toward The Environment, Sang-Min Kim

Dissertations and Theses @ UNI

As a result of the growing concern about environmental issues, many countries have developed mechanisms and regulations directed at protection and conservation of the environment. As a part of this movement, many governmental and nongovernmental organizations (NGO) have launched a variety of environmental education programs, in an attempt to promote awareness of environmental issues. The Iowa Children’s Water Festival (ICWF) is an annual half-day environmental education program in Iowa. The goal of the ICWF is to provide educational opportunities throughout the state to K-5 children and to educate customers of tomorrow on the importance of safe, reliable drinking water (ICWF, …

Naming The Future: How Salvadoran Community Radio Builds Civil Society And Popular Culture, Diana Elizabeth Agosta

Dissertations, Theses, and Capstone Projects

This dissertation analyzes the participatory community radios of post-war El Salvador through ethnographic research and analyses of their operations and programming. It explores the concrete local meanings of civil society and the ways this medium helped construct a vibrant popular culture.

Its core is an analysis of the relationships between the community radios and the activities of emerging civil society organizations as part of a post-war movement reflecting a Gramscian discourse of civil society. Examples show how their collaboratively produced programs sought to increase popular participation especially among the formerly marginalized rural and urban poor, as well as to deepen …

Impact Of The Child-Parent Relationship On Affectual Solidarity Between Grandchildren And Grandparents : The Perspective Of Young Adults, Maria A. Monserud

Dissertations and Theses @ UNI

The purpose of this quantitative research was to examine the ways that the parent-child bond influences affectual solidarity between college-aged adults and their grandparents. This study sought to overcome flaws of prior research in this area by further exploring how several dimensions of intergenerational solidarity between young adults and each of their parents (i.e., joint activities, global relationship quality, and probability of discussing problems) affect grandchildren's feelings of closeness to each of their living grandparents. In addition, the present research explored the impact of such factors as lineage, gender of the grandparent and of the grandchild on the grandchild-grandparent relationship. …

Early Literacy And Making Sense In An Inclusive Preschool Classroom, Patresa A. Hartman

Dissertations and Theses @ UNI

The purpose of this ethnographic study was to build understanding regarding the meaning and role of early literacy as a meaningful interaction in one inclusive preschool classroom. I was specifically interested in the idea of literacy as a social construction - as an interaction with one's environment for the purpose of making sense of it. Furthermore, I investigated the way this construction facilitated or denied one child's citizenship in the classroom community, which is located within an early childhood center in a mid-sized, Midwestern city. My topic, examining early literacy as a sense-making interaction, lent itself quite naturally to qualitative …

Perceived Exercise Constraints And Motivation For Exercise Among University Undergraduate Students, Ryan Paul Harkema

Dissertations and Theses @ UNI

The purpose of this study was to determine the relationship between perceived exercise constraints and motivation for exercise among university undergraduate students, and to identify if there is a difference in perceived exercise constraints and motivation for exercise among university undergraduate students in the three exercise behavior categories of regular exercise participants, intermediary exercise participants, and nonparticipants. As issues related to overweight and obesity continue to grow in the United States, research efforts must concentrate upon exercise behavior and the factors that influence exercise participation levels. This study focused upon the exercise behaviors of university undergraduate students, as Americans aged …

The Effects Of Stretching Prior To A 25-Yard Sprint In Female Swimmers, Melissa Lee Tippet

Dissertations and Theses @ UNI

While stretching is commonly part of the pre-performance routine in many sports including swimming, its function has been a controversial topic in the research community. Researchers have found decrements in performance measures such as force (Fowles, Sale, & MacDougall, 2000) and torque (Avela, Kyrolainen, & Komi, 1999) after stretching. While still controversial, some researches have also found decreases in one repetition maximum lifts (Kokkonen, Nelson, & Cornwell, 1998) and various jumping tests (Knudson, Bennett, Com, Leick, & Smith, 2001) after the inclusion of stretching.

Because there is much conflicting evidence in the literature pertaining to stretching and a lack of …

Abdominal Muscle Activation When Performing Abdominal Exercises On A Gym Ball And A Flat Surface, Wesley Brian Zwiefel

Dissertations and Theses @ UNI

The purpose of the study is to determine if there is a difference in muscle activation when performing three common abdominal exercises, isolating the rectus abdominis and external obliques, on a contoured gym ball compared to a flat surface. Thirty female volunteers, aged 19-24, performed an abdominal crunch (AC), an abdominal crunch with a twist (ACWT), and a side-lying crunch (SC) on both a flat table and on a gym ball. A stabilization base was utilized to control instability when on the ball. Exercises were performed in random order to prevent the first exercise to avoid the first exercise from …

Herbal Dietary Supplement Education In Midwestern Medical Schools, Wendi Suzanne Sobaski

Dissertations and Theses @ UNI

In the past decade dietary supplement sales have nearly doubled. This dramatic increase in supplement use stems from the passing of Dietary Supplement Health and Education Act of 1994 (DSHEA). The DSHEA tied the Food and Drug Administration's hands from regulating dietary supplements. Therefore these chemical entities which act like pharmaceuticals in many ways are being created, manufactured, and sold without standardized safety testing. Wide availability, cost effectiveness, and claims by supplement manufacturers to treat serious ailments make supplements, especially herbal products, an appealing alternative to traditional medical practice. Manufacturers' claims often times confuse consumers and leave the consumer searching …

The Frequency Of Imagery Use On The Performance Of A Complex Motor Skill, Eric Rebhuhn

Dissertations and Theses @ UNI

The use of imagery to enhance athletic performance has been an interesting topic for coaches, athletes, and researchers. Indeed, a number of researchers have found that using mental imagery resulted in improved athletic performance (Blumenstein, Bar-Eli, & Tenenbaum, 1995; Corbin, 1972; Feltz & Landers, 1983; Weinberg, 1981). In addition, imagery has been reported to be one of the most utilized cognitive strategies by athletes (Defrancesco & Burke, 1997; Gould 1994). Findings suggest that imagery can be an effective performance improvement strategy. Moreover, a majority of the research has focused on simple motor tasks performed in laboratory settings rather than on …

Children’S Perceptions Of Peers’ Intentions In Ambiguous And Aggressive Situations, Tara Jo Finch

Dissertations and Theses @ UNI

The purpose of the study was to examine high aggressive and low aggressive children's perceptions of their peers' intentions in ambiguous and aggressive situations. Teacher ratings of aggression were assessed for 25 first grade children. Measures were taken to evaluate children's judgments about aggressors' intentions in ambiguous and aggressive acts. In the first part of the assessment, children were read three stories about an ambiguously aggressive situation, asked whether or not it was okay for the provoker to perform the action, and asked why they believed the provoker carried out the aggressive act. In the second part, children were read …

Gender Moderation Of The Relationship Between Hours In Role And Work-Family Conflict: A Test Of Competing Theories, Lucas D. Gray

Dissertations and Theses @ UNI

Americans' roles as family members and workers have been clashing in recent history. The past fifteen years have expanded the work-family conflict (WFC) literature considerably. Gutek, Searle, and Klepa (1991) proposed and tested two views of how WFC may be affected by sex. The rational view predicts that WFC originates in the role that the person spends more time in. However, the gender role view predicts that the more time a person spends outside traditional gender roles increases conflict. Thus, the two theories make incompatible predictions regarding the relationship between time spent in a role, gender and WFC. The current …

Modeling And Measuring The Dispersion Of Odors From Hog Confinements, François Béra

Dissertations and Theses @ UNI

A comparison was made between predicted and measured odor concentration downwind of two hog finishing confinements. Two Gaussian dispersion models, STINK.BAK and AERMOD, were used. The experimental cases examined odor emanating from a mechanically-ventilated facility and a curtain-sided facility during summer 2003. A field olfactometer was used to measure odor concentration. The odor concentrations served as input to STINK.BAK, which then estimated the odor emission rate from the confinement. AERMOD used this emission rate and other meteorological data to predict the peak concentration of odor around the confinement over the sampling hour. The calculated odor emission rates are slightly higher …