Digital Commons Network^™

Striking A Balance: Finding A Place For Religious Conscience Clauses In Contraceptive Equity Legislation, Staci D. Lowell

Cleveland State Law Review

This note will attempt to address the interrelationship of the Pregnancy Discrimination Act and the First and Fourteenth Amendments in the context of contraceptive equity legislation. To that end, the note will examine states' definitions of a "religious employer" and make recommendations regarding statutory language that is broad enough to cover those organizations with conscientious objections to contraception but narrow enough to allow women to have ready access to contraceptive services. Following this introduction, Part II of the note will provide background information about both contraceptive equity and religious freedom. Part III will discuss current and proposed contraceptive equity legislation …

Decentralized Control Of Vehicle Formations, Gerardo Lafferriere, Anca Williams, John S. Caughman Iv, J. J. P. Veerman

Mathematics and Statistics Faculty Publications and Presentations

This paper investigates a method for decentralized stabilization of vehicle formations using techniques from algebraic graph theory. The vehicles exchange information according to a pre-specified communication digraph, G. A feedback control is designed using relative information between a vehicle and its in-neighbors in G. We prove that a necessary and sufficient condition for an appropriate decentralized linear stabilizing feedback to exist is that G has a rooted directed spanning tree. We show the direct relationship between the rate of convergence to formation and the eigenvalues of the (directed) Laplacian of G. Various special situations are discussed, including …

Mountain-Plains Consortium Annual Report 2004

UGPTI Mountain Plains Consortium Annual Reports

No abstract provided.

Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

This essay is about the permanent damage to the Supreme Court and to the country that may occur if the current approach to judicial appointments continues, and offers an approach to the nomination and confirmation of Supreme Court justices that will help put the Court back in its proper place - out of the eye of the elective political storm.

An Engineering Primer For Outreach To K-4 Education, Theresa M. Swift, Steve Eugene Watkins

Electrical and Computer Engineering Faculty Research & Creative Works

Student motivation for and proficiency in science and mathematics begin in the early grades. Level-appropriate resources and professional outreach activities are as beneficial for teachers and students at elementary levels as for higher levels. Engineering applications can be effective vehicles for giving students hands-on exposure to technical concepts and for showing students how these concepts relate to everyday life. To improve the technical literacy of society and to promote STEM-related careers, engineers should be engaged in active outreach. However, engineers who seek these types of projects have some learning to do themselves. They must understand the unique elementary education environment …

Characterization Of Human Metal Esd Reference Discharge Event And Correlation Of Generator Parameters To Failure Levels-Part I: Reference Event, Ramachandran Chundru, David Pommerenke, Kai Wang, Thomas Van Doren, Jiu Sheng Huang, Federico Centola

Electrical and Computer Engineering Faculty Research & Creative Works

Electrostatic discharge (ESD) generators are used for testing the robustness of electronics toward ESD. Most generators are built in accordance with the IEC 61000-4-2 specifications. Using only a few parameters, this standard specifies the peak current, the rise time and the falling edge. Lacking a transient field specification, test results vary depending on which generator is used, even if the currents are quite similar. Such a specification is needed to improve the test repeatability. As for the current, the specification should be based on a reference human metal ESD event. While keeping the presently set peak current and rise time …

Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article provides an overview of the medical necessity test, and examines the decision-making process pursuant to the test, including who makes coverage determinations and what criteria are used in making them. Part I also sets forth examples of conventional treatments that insurers routinely cover despite their questionable efficacy from a medical necessity perspective. Part II explores CAM disciplines and describes how they differ from conventional medicine. Part III discusses the legal challenges CAM faces and explores the limited extent to which CAM is covered by health insurance and the failure of state laws to provide mandates …

Position Sensorless Control, Babak Fahimi, Ali Emadi, Raymond B. Sepe

Electrical and Computer Engineering Faculty Research & Creative Works

The switched reluctance machines (SRM) drives applications are studied. the introduction of SRM drives in mission critical applications calls for high levels of survivability and fault tolerance. the various methods are proposed for the sensor less control of SRM drives. the best version of the sensor less technique is selected by continuous monitoring of the back-EMF. the results show that four-quadrant sensor less control of the SRM drive is a feasible technique and can be considered as a technology ready for application.

Sedimentology And Geochemistry Of An Urban Coastal Lake System: Coombabah Lake Nature Reserve, Gold Coast, Queensland, Tracy D. Frank, Christopher R. Fielding

Department of Earth and Atmospheric Sciences: Faculty Publications

A study was initiated to address environmental concerns associated with changes in land use in the catchment area of Coombabah Lake, a brackish coastal lake system located in southeast Queensland. Sedimentological and geochemical data derived from a series of cores that penetrate the ca. 0–6000 year-old lacustrine sequence indicate that throughout much of its history, Coombabah Lake has remained a quiet, shallow, water body fed by fine-grained sediment dropped from suspension. Discrete and laterally continuous, shelly horizons form the basis for the stratigraphy developed for the lake sequence. A lithological transition in the upper 50 cm of the sediment column, …

Compact High-Voltage Generator Of Primary Power Based On Shock Wave Depolarization Of Lead Zirconate Titanate Piezoelectric Ceramics, Sergey I. Shkuratov, Evgueni F. Talantsev, Latika Menon, Henryk Temkin, Jason Baird, Larry L. Altgilbers

Mining Engineering Faculty Research & Creative Works

The design and performance of a compact explosive-driven high-voltage primary power generator is presented. The generator utilizes a fundamental physical effect—depolarization of ferroelectric materials under longitudinal shock wave impact, when the shock wave is initiated along the polarization vector P. These primary power sources, containing energy-carrying elements made of lead zirconate titanate poled piezoelectric ceramics, with the volume from 0.35 to 3.3 cm3, are capable of producing pulses of high voltage with amplitudes up to 21.4 kV. The amplitude and full width at half-maximum of the high-voltage pulses are directly proportional to the thickness of the energy-carrying element, with coefficients …

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 …

A Parameterization Model For Transportation Feature Extraction, Michael E. Hodgson, Xingong Li, Yang Cheng

Faculty Publications

This article presents one solution to the parameterization problem for automated road feature extraction models. Using a line-length buffer approach, a measure of agreement between extracted road features and reference road features is defined. An automated approach for deriving this agreement index is presented and implemented as a parameterization model. Coupling the implemented parameterization model with an existing transportation feature extraction model is demonstrated. Although the solution was designed for a road feature extraction model (FEM), the conceptual design could be applied to other linear FEMs, such as models for streams, fault lines, and isolines.

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 …

Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article provides an in-depth analysis of our comprehensive study of the Pace Academic Support Program. Section II of the article discusses the purpose and design of ASPs generally, and Pace Law School's program specifically. Section III describes the research design, methodology, and procedures used for this study. Section IV evaluates and analyzes the findings, with an in-depth analysis of the impact each service yields to ASP students, as well as the statistical significance of such benefits. Section V evaluates the importance of background criteria and the impact that such variables have on ASP participants and non-participants. Section V also …

Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Homesteading Rock: A Defense Of Free Access Under The General Mining Law Of 1872, Andrew P. Morriss, Roger E. Meiners, Andrew Dorchak

Faculty Scholarship

The Mining Law of 1872 is one of the most reviled federal land laws, regularly drawing attacks as anachronistic, corporate welfare, a relic of pioneer days, and a source of major environmental problems. Born out of the experience of the nineteenth century mineral rushes, the Mining Law allows individuals to privatize both the surface estate and the mineral rights to public land containing minerals (with some exceptions) without requiring a significant payment to the public treasury for the land This "giveaway" aspect of the law draws the loudest protests. The authors argue that it is inappropriate to measure the net …

[N]Ot A Story To Pass On: Constructing Mothers Who Kill, Susan Ayres

Faculty Scholarship

Toni Morrison has said in her Nobel acceptance speech, “We die. That may be the meaning of life. But we do language. That may be the measure of our lives.” How we “do language” in judicial decisions about infanticide can perhaps be compared to and informed by fiction such as Toni Morrison’s Beloved.

Beloved provides a fictional account of the life of a historical woman, a slave who escaped to freedom and then attempted to kill all four of her children, successfully killing one when her master came to claim her under the Fugitive Slave Act. In addition to …

The Invention Of The Classics: Nationalism, Philology And Cultural Politics In Argentina, Fernando Degiovanni

Publications and Research

By the end of 1915, two inexpensive book series devoted to the diffusion of colonial and nineteenth-century texts flooded the shelves of Argentine bookstores. Their deliberately resonant and all-encompassing names - La Biblioteca Argentina (The Argentine Library) and La Cultura Argentina (Argentine Culture) - were unmistakable signs of their nationalist character and aims. Developed respectively by Ricardo Rojas and José lngenieros, two of the most important intellectuals of Centennial Argentina, the nearly simultaneous launch of both series also underscored the editors' enduring competition to promote their contrasting versions of the nation's political and cultural past. The timing of the series' …

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 …

International Regime, Domestic Politics And Telecommunications Technology: Jamaica In The Information Age, Judith A. Duncker

Dissertations, Theses, and Capstone Projects

In September of 1988, the government of Jamaica heralded its official entry into the information industry with the establishment of the US{dollar}2 million Jamaica Digiport International facility. The significance of this announcement was surpassed only by the state's decision to close the domestic telecommunications sector to competition as the global satellite regime and the global market embarked on its own course of liberalization. This decision spelt victory for one of two contending factions. On the one hand was Jamaica Promotions (Jampro), Jamaica's economic development agency, which attempted to liberalize the sector's use of satellite technology with the operation of the …

Why Constant? A Critical Overview Of The Constant Revival, Helena Rosenblatt

Publications and Research

Recent years have seen a remarkable renewal of interest in the thought of Benjamin Constant (1767–1830). For long recognized as the author of the literary masterpiece Adolphe, Constant is now receiving increasing attention for his political writings. Paperback editions of his major works are presently available in both French and English, helping to establish his growing reputation as a founding father of modern liberalism. Constant's stature as a seminal liberal thinker has benefited from the recent climate of opinion in the Western world and, in particular, from the return to fashion of liberalism as a social and political doctrine. …

Humanity And The Law, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

"Optimal” Inflation Under Dollarization, Kazutaka Kurasawa

Dissertations, Theses, and Capstone Projects

This paper analyzes the effects of dollarization, where a country (C) uses money produced by another country (M). We derive a general formula to determine the "optimal" rate of inflation, which maximizes M's welfare but does not take into account any loss to C. We show how this inflation varies with relative income size and output growth. Estimates of the "optimal" inflation rate are made for some countries. We also analyze a contract, under which M shares a fraction of total potential seignorage with C to induce M to inflate at a rate which leads to no seigniorage accruing to …

Section 2254(D) Of The Federal Habeas Statute: Is It Beyond Reason?, Evan Tsen Lee

Faculty Scholarship

No abstract provided.

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, …

Quasioptimality Of Some Spectral Mixed Methods, Jay Gopalakrishnan, Leszek Demkowicz

Mathematics and Statistics Faculty Publications and Presentations

In this paper, we construct a sequence of projectors into certain polynomial spaces satisfying a commuting diagram property with norm bounds independent of the polynomial degree. Using the projectors, we obtain quasioptimality of some spectralmixed methods, including the Raviart–Thomas method and mixed formulations of Maxwell equations. We also prove some discrete Friedrichs type inequalities involving curl.

Analysis Of A Multigrid Algorithm For Time Harmonic Maxwell Equations, Jay Gopalakrishnan, Joseph E. Pasciak, Leszek Demkowicz

Mathematics and Statistics Faculty Publications and Presentations

This paper considers a multigrid algorithm suitable for efficient solution of indefinite linear systems arising from finite element discretization of time harmonic Maxwell equations. In particular, a "backslash" multigrid cycle is proven to converge at rates independent of refinement level if certain indefinite block smoothers are used. The method of analysis involves comparing the multigrid error reduction operator with that of a related positive definite multigrid operator. This idea has previously been used in multigrid analysis of indefinite second order elliptic problems. However, the Maxwell application involves a nonelliptic indefinite operator. With the help of a few new estimates, the …

A Characterization Of Hybridized Mixed Methods For Second Order Elliptic Problems, Bernardo Cockburn, Jay Gopalakrishnan

Mathematics and Statistics Faculty Publications and Presentations

In this paper, we give a new characterization of the approximate solution given by hybridized mixed methods for second order self-adjoint elliptic problems. We apply this characterization to obtain an explicit formula for the entries of the matrix equation for the Lagrange multiplier unknowns resulting from hybridization. We also obtain necessary and sufficient conditions under which the multipliers of the Raviart–Thomas and the Brezzi–Douglas–Marini methods of similar order are identical.