Digital Commons Network^™

Job Security Without Equality: The Family And Medical Leave Act Of 1993, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

This piece reevaluates the passage and implementation of the Family and Medical Leave Act (FMLA) against the egalitarian ideal described by the Supreme Court in its recent decision in Nevada Department of Human Resources v. Hibbs. The Court in Hibbs upheld the FMLA against an Eleventh Amendment challenge, concluding that Congress enacted the law as a congruent and proportional remedy to the longstanding history of state-sponsored discrimination against working women. According to the Court, Congress enacted the FMLA to remedy a longstanding history of discrimination against working women by forcing employers to offer caretaking leave on gender-neutral terms. At least …

Wasting Resources: Reinventing The Scope Of Waiver Resulting From The Advice-Of-Counsel Defense To A Charge Of Willful Patent Infringement, David O. Taylor

Faculty Journal Articles and Book Chapters

Patent infringement cases may be the very definition of “high-stakes litigation.” In addition to issuance of permanent injunctions and high-dollar damage awards, judges have discretion to award treble damages and attorney’s fees in patent cases. Judges may exercise this discretion when infringement is found to be willful. One way for an alleged willful infringer to rebut an allegation of willfulness is to introduce an opinion of counsel evidencing the alleged willful infringer’s good faith effort to investigate the patent at issue after receiving notice of potential infringement. Disclosure of such an opinion, however, waives attorney-client privilege and work-product immunity. District …

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Faculty Journal Articles and Book Chapters

This Article is an attempt to fill in some of the gaps in the public's knowledge of the case Lawrence v. Texas. Much of the rich post-arrest history of the case has been ignored. But for the courage, insight, and initiative of three men in particular, the arrest might have been another forgotten episode in what the author calls the under history of the Texas sodomy law, the history not told in appellate opinions or in most other accounts.

Section II reviews the "somewhat known" past, tracing the evolution of the Texas sodomy law from a statute so facially …

Intrusive Thoughts And Stress During The Evacuation Phase Of A Technological Disaster, Alisa Mastin Aston

UNF Graduate Theses and Dissertations

The current study investigates the quantity and quality of intrusive thoughts (IT) experienced during the evacuation following a technological disaster. This study is aimed at evaluating which aspects of IT are related to increased frequency and disturbance of intrusive thoughts, as well as stress and coping outcomes.

Revisiting The Asian Values Argument Used By Asian Political Leaders And Its Validity, Chang Yau Hoon

Research Collection School of Social Sciences

No abstract provided.

Cross Burning – Hate Speech As Free Speech: A Comment On Virginia V. Black, Roger C. Hartley

Catholic University Law Review

No abstract provided.

Life After Civil Death: Felony And Mormon Disenfranchisement In The U.S. West (1880-1890), Winston A. Bowman

Psi Sigma Siren

Pomeroy’s understanding of the nature of the franchise may seem foreign to many present-day Americans, but this vision is the one to which most nineteenth-century jurists, scholars, and politicians subscribed. It is worth noting that Pomeroy wrote these words in the aftermath of the post-Civil War rights revolution and half a century after the expansion of the franchise under the auspices of Jacksonian democracy. This attitude toward voting rights was not abandoned following the passage of the reconstruction amendments. Instead, the idea of a limited franchise was affirmed time and again in the post-bellum era. Pomeroy’s franchise (one in which …

The Ferreus Musike Project, David Donar

School of Art Graduate Exhibitions, Portfolios, and Theses

No abstract provided.

Unlv College Of Education Multicultural & Diversity Newsletter, Porter Troutman, Steven Grubaugh, Jian Wang, Randall L. Astramovich, Jennifer L. Fabbi, Kyle Higgins, Lori Navarrete, Jean Henry, Lisa Bendixen, Carli Kyles, Cecilia Maldonado-Daniels, R. R. Apache, Chizu Jaret, Karla V. Kingsley, Nancy Sileo

College of Education Multicultural & Diversity Newsletter

A newsletter discussing a variety of topics dealing with multicultural topics and diversity in education.

Racial (De)Profiling: Modeling A Remedy For Racial Profiling After The School Desegregation Cases, Jeremiah Wagner

Minnesota Journal of Law & Inequality

No abstract provided.

Getting Down To Business: Library Staff Training, J. Cory Tucker

Library Faculty Research

Develops a model for a library staff training program for business reference. The program identifies core business reference competencies for library staff and uses performance measure standards to meet Reference and User Services Association guidelines. Provides a training program that offers insight into the information-seeking habits of business students, general knowledge of the business discipline and assistance in identifying appropriate library resources. Covers all aspects of establishing a training program including planning, implementation and assessment. Effective training programs covering business and other disciplines provide library staff with an opportunity for professional development and give the library an avenue to improve …

Investigation Of Optical Spectroscopy Techniques For On-Line Materials Accountability In The Solvent Extraction Process, Gary Cerefice, Kenneth Czerwinski

Safeguards Campaign (TRP)

The goal of this project is to examine the potential for using optical spectroscopy techniques, such as UV-Visible Spectroscopy and Laser Fluorescence Spectroscopy, for special nuclear materials accountability applications for the UREX+ and other solvent extraction processes. To increase the inherent proliferation resistance of the solvent extraction process, it is necessary to develop on-line techniques to directly measure the concentrations of special nuclear materials in-process. By providing on-line materials accountability for the processes, the potential for covert diversion of the materials streams becomes much more difficult to implement. On-line monitoring of material streams will also allow for improved plant operation, …

Inside Unlv, Gian Galassi, Jennifer Vaughan, Carol C. Harter, Richard Flaherty, Rebecca Mills

Inside UNLV

No abstract provided.

Millennium Scholarship Program Hispanic Persisters And Hispanic Non -Msp Persisters, Arlie J Stops

UNLV Retrospective Theses & Dissertations

The Hispanic component of the student body at the Community College of Southern Nevada was the primary focus of this study, which spanned a three-year period of time. Statistics regarding the enrollment and academic success of Hispanic students were collected and analyzed. Particular attention was given to the impact of the state of Nevada's recent Millennium Scholarship Program (MSP) on the Hispanic student population. Enrollment and success of Hispanic students were secondarily compared to that of other student ethnic components; The study, which followed two cohorts of students, found that Hispanic students in both cohorts who participated in the MSP …

Secondary English Language Arts Teachers' Perceptions And Implementation Of Change Policy, Denise De Vito

UNLV Retrospective Theses & Dissertations

Research regarding educational reform in the United States has examined change in public schools, including changes in the role of the teacher. Secondary teachers have been studied regarding school leadership, work atmosphere, and resource availability, but research specific to secondary English Language Arts teachers' perceptions of how policy implementation affects them in their day to day practice is lacKing Factors of change and the effects on teachers' attitudes reflect how teachers as participants of change cope with change reform; This qualitative research study sought a descriptive understanding of practicing secondary English Language Arts teachers and their perceptions regarding the scope …

Sociological Theories Of Career Choice: A Study Of Workers In The Special Events Industry, Kathleen Beard Nelson

UNLV Retrospective Theses & Dissertations

The purpose of this study was to develop a greater understanding of occupational/career choice of workers in the special events industry and explore which social science theory(ies) might best explain the entry of those in this particular occupation. In this study, the following dominant factor about workers in the special events industry emerged: occupation as a reflection of self.

Distance Education: An Exploration Of Alternative Methods And Types Of Instructional Media In Teacher Education, Ashley Ann Skylar

UNLV Retrospective Theses & Dissertations

Universities currently are exploring an array of instructional media to facilitate the delivery of instruction. Consensus from the studies indicates that there is no significant difference in the achievement of students who participate in traditional or online coursework. However, little research has compared traditional learning with the new multimedia online technologies that are becoming more prevalent in distance education; This study investigated the achievement, student satisfaction, and instructor course evaluations of preservice general education students who participated in three courses in which a variety of instructional media and methods were used. The media used were: (a) a traditional classroom, (b) …

Bursting The Bubble From The Inside: Individual And Environmental Barriers To Upward Mobility Among Mexican Immigrants, Rachel Sheli Shinnar

UNLV Retrospective Theses & Dissertations

The career progression of Hispanic employees has received limited attention in organizational and counseling psychology research and no studies examined the special circumstances relevant to Hispanic immigrants. Additional career-related research with Hispanic immigrants is therefore necessary, and has been called for by specialists in the field (Arbona, 1995; Brown, 2002; Lent & Worthington, 1999; Leong & Brown, 1995; Super, 1991). Studying career progression of this group would enhance our knowledge regarding the ways in which cultural values and the overall "immigrant" experiences influence their desire for and actual pursuit of upward mobility. My study examined the barriers and motivators to …

Extraction Of Paleohydrology And Paleoclimate Proxies From Vadose Zones And Paleolake Records In The Southwestern Great Basin, Weiquan Dong

UNLV Retrospective Theses & Dissertations

Thick vadose zones in arid regions recorded past climate changes up to 100 ka, so they are unique archives for continental paleoclimate change and groundwater recharge during the late Quaternary. Despite extensive research on flow and transport in arid regions, the transport properties and general response of arid vadose zones to climate regimes are still not well understood. Some of these issues are addressed with four distinct studies in this dissertation. The first study investigates effects of soil texture, vegetation coverage, and macropores on soil moisture variation at Nevada Test Site (NTS). The simulations show that bare soils have higher …

Impacts Of Different Types Of Volatile Fatty Acids On The Bacterial Selection In Enhanced Biological Phosphorus Removal Systems, Jose Christiano Machado

UNLV Retrospective Theses & Dissertations

The impacts of different carbon sources, particularly VFAs, on EBPR's microbial population were investigated using T-RFLP and FISH. System performance and both general and specific microbial changes were investigated in SBR systems fed with acetate, propionate, butyrate, valerate, and glucose. Acetate and a mixture of acetate and propionate promoted the best P-removal. Butyrate and valerate lead the systems to fail in the long run. Glucose and propionate promoted poor EBPR, but the performance of the system fed with propionate improved with time. T-RFLP results indicated that short carbon chain VFAs, long carbon chain VFAs, and non-VFA favored different microbial populations …

Trace Element Geochemistry Of Groundwater Flow Systems In Southern Nevada And Eastern California, Xiaoping Zhou

UNLV Retrospective Theses & Dissertations

The Nevada Test Site (NTS) was used for underground nuclear tests before the 1960's. Yucca Mountain in southern Nevada has been proposed as the site for the first high-level radioactive waste repository in the U.S. Because groundwater is a likely medium for transporting radio-nuclides to the accessible environment, determining the nature and path of groundwater movement through the aquifers at the NTS and Yucca Mountain is a critical task for assessing the risks and the future performance of the repository. In this study, systematic investigations of major ion and trace [mainly rare earth element (REE)] element geochemistry were conducted on …

Vectors, Polluters, And Murderers: Hiv Testing Policies Toward Prostitutes In Nevada, Cheryl L Radeloff

UNLV Retrospective Theses & Dissertations

This case study explores HIV testing policy and prostitution in Nevada. Three general themes emerge from analysis of Nevada's HIV/AIDS policy regarding prostitution. First, HIV testing policies reflect and reproduce hegemonic sexuality-specifically gender inequality, heterosexist orientation, and negative stereotypes of prostitutes. Second, Nevada's legalized prostitution industry makes visible the effects of economic dynamics, specifically tourism, on policies related to sexuality. Finally, the policymaking process depicts conflict between two approaches to regulation: the punitive control measures favored by law enforcement, and prevention and public health strategies favored by health bureaucracies. Testing prostitutes for HIV became the dominant policy response to an …

Virtual Learning Community: A Student Exit Survey And Qualitative Framework, David C Diramio

UNLV Retrospective Theses & Dissertations

As the mystery and intrigue surrounding technology use in higher education dissipates, the time has come to bring technological initiatives, such as distance education, into the fold with the rest of campus in terms of assessment, accountability, and policy. Although online education shows promise for setting the collegiate learning experience free from the confines of the lecture hall, new challenges are emerging. For example, attrition rates for courses delivered via the Internet are higher than average, typically ten percentage points higher in online courses than in the traditional campus classroom. In an era of declining resources and renewed interest in …

A Quantitative Investigation Of American History Software On Middle School Student Achievement Scores, Karla V Kingsley

UNLV Retrospective Theses & Dissertations

The purpose of this quasi-experimental study was to examine whether student use of the Ignite! Early American History software significantly affected student outcome achievement scores on a standards-based assessment. Students in three urban middle schools were divided into experimental and control groups with both groups being taught by the same teacher. Experimental group students used the Ignite! history software as a supplement to their regular American history curriculum, and students in the control group did not use the program. The study also examined how students with limited English proficiency (LEP) and students with special needs scored on the standardized test …

Engaging Young People In Democracy, Hilarie Hicks Robison

UNLV Retrospective Theses & Dissertations

As young people's civic and political participation continues to decline, a number of organizations are working to reverse the decline by increasing opportunities for youth to participate. Communities around the country are taking steps to engage young people through a variety of methods that allow youth to actually participate in policy development and take action on local issues. The effectiveness of such community programs on long-term civic engagement is not well documented, however. This paper presents preliminary research about the effectiveness of one community participation program, the Southern Nevada Water Authority's Youth Advisory Council. Quantitative and anecdotal evidence, while not …

Cultivation Of Fear Of Blacks In Las Vegas Television News Media, Mark Leigh Curry

UNLV Retrospective Theses & Dissertations

This study was a content analysis of Las Vegas television news ( N = 1,145) and was designed to determine whether the potential exists for media consumers in the Las Vegas market to become fearful due to the overrepresentation of crime committed by Black offenders. One research question and two hypotheses were generated for this study. Research question one asked if there was an inverse relationship existing between media reports of index crimes and actual data offered by the State of Nevada Department of Motor Vehicles and Public Safety, and was supported. There was partial support for hypothesis one. Results …

Language, Conflict And Identity: The Hispanic Experience, Jan Henry Oller

UNLV Retrospective Theses & Dissertations

This thesis is an attempt to create a theoretical model which could be applied to the study of any situation where a history of ongoing migration and asymmetrical power relationships in constant flux between two or more groups, nation states, or other entities is present. It is the conception and application of a theoretical framework with which to view transnational identity on a different level, one focusing on the historical antecedents of current situations, pan-identities, and language as the main identity marker among transnationals.

Effect Of Heat Treatment On Deformation And Corrosion Behavior Of Type 422 Stainless Steel, Venkata Nagarjuna Potluri

UNLV Retrospective Theses & Dissertations

High temperature tensile properties of quenched and tempered martensitic Type 422 stainless steel, a target structural material, have been evaluated in this study at temperatures ranging from ambient to 600°C as a function of three different tempering times. Results of tensile testing indicate that the ultimate tensile strength, yield strength and failure strength were gradually reduced with increasing temperature. However, as expected, the ductility parameters were enhanced due to increased plastic flow at elevated temperatures. The results of stress corrosion cracking tests performed by slow strain rate technique in the 90°C acidic solution revealed higher failure stress and reduced ductility …

Positively Identifying Children As Citizens: A Call For Parallel Due Process Rights, Margot Elizabeth Rudy

UNLV Retrospective Theses & Dissertations

This work addresses the need for parallel due process rights for children by investigating the nature of juvenile welfare policies that affect abused and neglected children by focusing on the Adoption Safe Families Act. Upon the settlement of the U.S., common law from England, known as parens patriae, has governed the juvenile justice system. This common law has recognized children are indeed a State interest and that a child is a different type of citizen than an adult. Because children are dependant on their parents and not seen as full-fledged citizens, the State has assumed the responsibility of ensuring that …

Ideology And Interaction In Internet Action Video Games, Marshall David Smith

UNLV Retrospective Theses & Dissertations

This thesis is an analysis of how the play mechanics of the Return to Castle Wolfenstein videogame influence player cooperation and competition during play as well as an analysis of player chat as indication of cooperation and competition. While the premise of the game is competition the play mechanics of the game were found to induce intricate and extensive cooperation among players. In this study, player communication was primarily focused on achieving game goals, however there was also communication for cooperative efforts. The play mechanics of the game significantly influences the experience of players. Further research must be conducted to …