Digital Commons Network^™

Cracks In The Foundation: The New Internet Legislation's Hidden Threat To Privacy And Commerce, Joshua Fairfield

Articles by Maurer Faculty

Scholarship to date has focused on the legal significance of the novelty of the Internet. This scholarship does not describe or predict actual Internet legislation. Instead of asking whether the Internet is so new as to merit new law, legislators and academics should re-evaluate the role of government in orchestrating collective action and change the relative weight of enforcement, deterrence, and incentives in Internet regulations.

A perfect example of the need for this new approach is the recent CANSPAM Act of 2003, which was intended to protect personal privacy and legitimate businesses. However, the law threatens both of these interests, …

The Southwestern Association Of Parasitologists: The First 35 Years: 1967–2002, Donald W. Duszynski

Harold W. Manter Laboratory of Parasitology: Faculty Publications

First two paragraphs:

It is likely that the idea to organize southwestern parasitologists into a regional group originated over cocktails one night in the late 1950s during a regional or national meeting. What is clear is that two men—Drs. Robert E. Kuntz and Donald V. Moore— were instrumental in turning the idea into what has become, in reality, the Southwestern Association of Parasitologists (SWAP).

Dr. J. Teague Self (personal communication, 1981) stated, “The beginning of SWAP was an idea of Robert Kuntz who felt that something could be gained if several of us here in the southwest could get together …

Cardicola Forsteri (Digenea: Sanguinicolidae) From The Heart Of A Northern Bluefin Tuna, Thunnus Thynnus (Scombridae), In The Northwest Atlantic Ocean, Stephen A. Bullard, Robert J. Goldstein, Robert H. Goodwin Iii, Robin M. Overstreet

Harold W. Manter Laboratory of Parasitology: Faculty Publications

We report a specimen of Cardicola forsteri Cribb, Daintith, and Munday, 2000 (Digenea: Sanguinicolidae) from the lumen of the heart of a northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758) (Scombridae), that was 218 cm in total length (TL) and caught in the northwest Atlantic Ocean 12 km south of Cape Lookout, North Carolina. The hearts of 12 similarly sized northern bluefin tuna (127–262 cm TL) from George’s Bank, northwest Atlantic Ocean, were not infected. This is the first report of C. forsteri from a wild host and of a sanguinicolid from any scombrid in the northwest Atlantic Ocean. Bluefin tuna …

Positive Psychological Capital: Beyond Human And Social Capital, Fred Luthans, Kyle W. Luthans, Brett C. Luthans

Department of Management: Faculty Publications

With the rising recognition of human resources as a competitive advantage in today’s global economy, human capital and, more recently, social capital are being touted in both theory, research, and practice. To date, however, positive psychological capital has been virtually ignored by both business academics and practitioners. “Who I am” is every bit as important as “what I know” and “who I know.” By eschewing a preoccupation with personal shortcomings and dysfunctions and focusing instead on personal strengths and good qualities, today’s leaders and their associates can develop confidence, hope, optimism, and resilience, thereby improving both individual and organizational performance.

Human, Social, And Now Positive Psychological Capital Management: Investing In People For Competitive Advantage, Fred Luthans, Carolyn M. Youssef

Department of Management: Faculty Publications

There is growing evidence that human resources are crucial to organizational success, and may offer the best return on investment for sustainable competitive advantage. Jeffery Pfeffer’s extensive work, summarized in his book The Human Equation, discusses substantially supported but unfortunate findings that only about half of today’s organizations and their managers believe that human resources really do matter. Moreover, only half of those organizations act upon their beliefs beyond paying lip service to this vital resource. Few organizations have adopted high performance work practices, such as 360-degree feedback, pay-for-performance, self-managed teams, employee empowerment, and other human-oriented initiatives. Furthermore, Pfeffer shows …

Recognition And Development Of Hope For South African Organizational Leaders, Fred Luthans, René Van Wyk, Fred Walumbwa

Department of Management: Faculty Publications

The significant challenges faced by South Africa at present are well known. How to deal with the problems from a political and economic perspective abound, but taking a psychological approach has been neglected. This paper proposes a positive approach to South African organizational leadership based on the psychological capacity of hope. After giving a brief background on the context surrounding South African organizations, the theory, research, and application of hope relevant to organizational leadership in the “Rainbow Nation” are presented and analyzed. Such an overlooked positive approach represented by hopeful organizational leaders seems needed at this juncture of South Africa’s …

Unlocking The Mask: A Look At The Process By Which Authentic Leaders Impact Follower Attitudes And Behaviors, Bruce Avolio, William L. Gardner, Fred Walumbwa, Fred Luthans, Douglas R. May

Department of Management: Faculty Publications

The conceptual and empirical links between authentic leadership and follower attitudes, behaviors, and performance outcomes have not been fully developed. Although we have a number of articles developing the theory of authentic leadership and testing propositions that will appear in a forthcoming special issue of The Leadership Quarterly (Vol. 16, Issue 3, 2005), the focus of this article is to provide some of the initial foundation work for the broader theoretical framework of how authentic leaders influence follower attitudes, behaviors, and performance. Here, we draw from positive organizational behavior, trust, hope, emotion, identification, and identity theories to describe the processes …

Transitioning To The Learning Organization, Joan Giesecke, Beth Mcneil

University of Nebraska-Lincoln Libraries: Faculty Publications

Peter Senge popularized the concept of the learning organization, and several libraries have tried, with varying degrees of success, to adopt the learning organization model. This article explores why organizations consider attempting to become learning organizations, includes an overview of the theory of learning organizations, presents steps to becoming a learning organization, and describes examples of learning organization efforts at the University of Nebraska-Lincoln Libraries and other libraries.

Global Climate And The Evolution Of Large Mammalian Carnivores During The Later Cenozoic In North America, Robert Hunt Jr.

University of Nebraska State Museum: Mammalogy Papers

Taxon ranges of larger mammalian carnivores can be grouped into seven temporal intervals during the later Cenozoic. These intervals are of varied duration and seem to correspond to periodic faunal reorganizations that accompanied the progressive climatic deterioration occurring from the late Eocene to the Pleistocene. Recent oxygen isotope records from deep-sea cores serve as proxy for the pattern of global climate during the Cenozoic and compare reasonably well with the large carnivore intervals. Intervals A, B, and the early part of C characterize a time of cooler global climate (δ¹⁸O: +1.3 to +3.0‰) following the early Eocene climatic …

India's "Patriot Act": Pota And The Impact On Civil Liberties In The World's Largest Democracy, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Fighting The Axis Of Illness: Hiv/Aids, Human Rights, And U.S. Foreign Policy, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Reforming Patent Validity Litigation: The "Dubious Preponderance", Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

International Law And Weapons Of Mass Destruction: End Of The Arms Control Approach?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Book Review. After The Revolution, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

The Entrepreneurship Effect: An Accidental Externality In The Federal Income Tax, Leandra Lederman

Articles by Maurer Faculty

Case law and commentators sometimes speak as if all income-producing activities are taxed similarly. However, that simply is not true for individuals. Although the expenses and losses of business activities generally are deductible from income of any source and net losses can be carried to other tax years, individuals' investment expenses and losses generally are deductible only from investment income. Although many of the provisions restricting investment-related deductions were enacted at different times, and each one has its own rationale, the combined effect of these provisions on individual investors is a systematic preference for business losses over investment losses.

Economists …

Book Review. Cases, Materials And Texts On Unjustified Enrichment, Ralph F. Gaebler

Articles by Maurer Faculty

No abstract provided.

Employment Protection For Domestic Violence Victims, Deborah A. Widiss, Wendy R. Weiser

Articles by Maurer Faculty

No abstract provided.

Managing Biological Integrity, Diversity, And Environmental Health In The National Wildlife Refuges: An Introduction To The Symposium, Robert L. Fischman, Vicky J. Meretsky

Articles by Maurer Faculty

No abstract provided.

Predictions And Prescriptions For The Endangered Species Act, Robert L. Fischman

Articles by Maurer Faculty

The thirtieth anniversary of the enactment of the modern Endangered Species Act (ESA) offers an irresistible excuse to suggest changes that are needed to set the statute, and the larger project of environmental protection, on course for greater effectiveness. The 1973 ESA is novel in its approach and reach, in that it reflects both the resource management and pollution control traditions in environmental law. Its evolution indicates broader trends in the legal landscape of environmental law.

Making predictions about the future of the ESA is a daunting task. Most predictions made thirty years ago about the statute proved to be …

Of Platonic Guardians, Trust, And Equality: A Comment On Hasen's Minimalist Approach To The Law Of Elections, Luis Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.

Contemplating Failure And Creating Alternatives In The Balkans: Bosnia's Peoples, Democracy And The Shape Of Self-Determination, Timothy W. Waters

Articles by Maurer Faculty

A decade after Dayton, Bosnia is a fictive, failed state held together by outsiders' weapons and outsiders' will. All parties recognize that Bosnia's current constitutional dispensation is dysfunctional and are calling for change, but how should the international community respond? In deciding, we should recognize that we may owe Bosnians much, but we owe Bosnia nothing.

This Article argues that traditional self-determination doctrine is unable to justify either further claims for secession from Bosnia or Bosnia's own original secession. It examines the processes used by the international community to frame the dissolution of Yugoslavia and the recognition process for Bosnia, …

Professor Kingsfield Goes To Delhi: American Academics, The Ford Foundation, And The Development Of Legal Education In India, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And The Mismeasure Of Homosexual Historiography, Jody L. Madeira

Articles by Maurer Faculty

In an effort to engage in such specification, this paper will first address the mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality itself) as an impossible cultural continuum. The impossibility of this continuum lies not only in its implicit assumption that states and other lawmaking entities throughout history shared …

Livestock Depredations By Black Vultures And Golden Eagles, Michael L. Avery, J. L. Cummings

United States Department of Agriculture Wildlife Services: Staff Publications

Black Vulture: The available evidence suggests that black vultures act as typical predators by seeking and disabling vulnerable animals prior to overwhelming and killing them (Gluesing et al., 1980). These birds take the path of least resistance and eat carrion when it is available. Black vultures are opportunists, however, and when the chance arises, they will attack and eat defenseless live animals. Defenseless does not necessarily mean sick or injured. Healthy newborn livestock are defenseless, especially if the mother is exhausted or otherwise not able to care for and protect the offspring. In assessing the role of black vultures as …

Evaluation Of A Deer-Activated Bioacoustic Frightening Device For Reducing Deer Damage In Cornfields, Jason M. Gildorf, Scott E. Hygnstrom, Kurt C. Vercauteren, Greg M. Clements, Erin E. Blankenship, Richard M. Engeman

United States Department of Agriculture Wildlife Services: Staff Publications

Deer (Odocoileus spp.) can cause substantial damage to agricultural crops, resulting in economic losses for producers. We developed a deer-activated bio-acoustic frightening device to reduce white-tailed deer (O. virginianus) damage in agricultural fields. The device consisted of an infrared detection system that activated an audio component which broadcast recorded distress and alarm calls of deer. We tested the device against unprotected controls in cornfields during the silking–tasseling stage of growth in July 2001. The device was not effective in reducing damage: track-count indices (F1,4=0.02, P=0.892), corn yield (F1,9=1.27, P=0.289), and estimated damage levels (F1,10=0.87, P=0.374) did not differ between experimental …

Predacides For Canid Predation Management, K. A. Fagerstone, J. J. Johnston, P. J. Savarie

United States Department of Agriculture Wildlife Services: Staff Publications

Throughout the livestock industry in the western United States, control of canid predators was considered to be of considerable importance to the livestock industry, especially to sheep producers, who sufkred high losses from coyotes and wolves. In the 19th century, the demand for predator control was communicated to Congress and the western state assemblies, with the result that predator control was provided in western states by the Fedcral Bureau of Biological Survey in cooperation with state agencies, and by trappers hired by stockmen. Steel traps and poisons were the principal methods used for predator control during the early years of …

A Review Of The Colonization Dynamics Of The Northern Curly-Tailed Lizard (Leiocephalus Carinatus Armouri) In Florida, Henry T. Smith, Richard M. Engeman

United States Department of Agriculture Wildlife Services: Staff Publications

No abstract provided.

Sympathy And Approbation In Hume And Smith: A Solution To The Other Rational Species Problem, David M. Levy, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

This paper examines a key implication of the different conceptions of sympathy and the approbation associated with sympathy in the writings of David Hume and Adam Smith. For Hume, sympathy is an empathy we feel for those like us and hence we are motivated to obtain the praise or approbation of those with whom we sympathize. In Hume’s construction there is a direct link from sympathy to motivation because sympathy is reflected self-love. By contrast, in Smith’s construction sympathy is an act of imagination which only habit makes motivational. The abstraction by our imagination means we earn the approbation (or …

On The "Bitter Quarrel" Between Economics And Its Enemies, Sandra J. Peart

Jepson School of Leadership Studies articles, book chapters and other publications

Economics has long had its enemies. The question is, why? What, precisely, is it about economics that its critics oppose? William Coleman seeks to tell the story of «anti-economics», «to take its measure» (p. 3), and then finally to defend economics from these attacks. His is a broad, sweeping study that uses a wide lens, panoramically over time, to survey the opposition. The crisis in economics, edited by Edward Fullbrook, provides us instead with a detailed snapshot of a recent sort of anti-economics - the Post-Autistic Economics (PAE) movement that originated among French economics students in 2000. Both serve to …

Survivable Virtual Topology Routing Under Shared Risk Link Groups In Wdm Networks, Ajay Todimala, Byrav Ramamurthy

School of Computing: Conference and Workshop Papers

Network survivability is one of the most important issues in the design of optical WDM networks. In this work we study the problem of survivable routing of a virtual topology on a physical topology with Shared Risk Link Groups (SRLG). The survivable virtual topology routing problem against single-link failures in the physical topology is proved to be NP-complete in [1]. We prove that survivable virtual topology routing problem against SRLG/node failures is also NP-complete. We present an improved integer linear programming (ILP) formulation (in comparison to [1]) for computing the survivable routing under SRLG/node failures. Using an ILP solver, we …