Digital Commons Network^™

Development Of A Method For Evaluating The Yield Goal Approach, K. Kim, D. E. Clay, C. G. Carlson, S. A. Clay

Agronomy, Horticulture and Plant Science Faculty Publications

Yield goals have been used to determine N recommendations in South Dakota, North Dakota, and western Minnesota. However, some states, such as Wisconsin and Iowa have eliminated yield goals from N recommendations because of poor correlation between yield and economically optimum N rates. The objective of this study was to determine the feasibility of switching from a yield goal approach to a non-yield goal approach in South Dakota. Field experiments were conducted in Aurora, South Dakota between 2002 and 2003. Treatments were natural rainfall and natural rainfall + irrigation and four N rates (0, 60, 120, 180 kg N /ha). …

An Introduction For The Singer To The Solo Vocal Works Of Nigel Butterley With Particular Emphasis On His Works Between 1976 And 2003, Alison Rosemary Mccubbin

LSU Major Papers

For years, Australian composer Nigel Butterley (b.1935 ) has composed a variety of types of composition for voice which are little-known outside of Australia, but which nonetheless merit consideration and performance. This dissertation is an effort to introduce more performers to his work, and to facilitate future performances of it. Central to any performance of his works is an understanding of his desire to integrate the poetic and textual structures of the original pieces into his own musical setting of those pieces, and in so doing to highlight the themes of the originals. Performers can gain insight into the significance …

Whistling In The Dark? Corporate Fraud, Whistleblowers, And The Implications Of The Sarbanes-Oxley Act For Employment Law, Miriam A. Cherry

Faculty Publications

Passed in 2002 in the wake of the accounting scandals that resulted in billions of dollars of lost value to shareholders, the Sarbanes-Oxley Act has as its major goal the prevention of corporate corruption. This Article analyzes the impact of section 806, the portion of the Sarbanes-Oxlcy Act that provides protections for employees who report securities fraud, and describes the effect that Sarbanes-Oxley has on existing employment law. In addition, this Article contributes to the debate over the general effectiveness of the .Sarbanes-Oxley Act, a topic of contention among both academics and press commentators. This Article argues that the Act …

Protecting The Citizen Whilst He Is Quiet: Suspicionless Searches, Special Needs And General Warrants, Scott E. Sundby

Articles

No abstract provided.

Tribal Sovereignty Over Water Quality, Jessica Owley

Articles

No abstract provided.

Roundtable Discussion - Bankruptcy Reform: Then And Now, G. Ray Warner, Arthur Miller, Christine Dugas, Phil Corwin, David Skeel, Robert Feidler, Gerald K. Smith, Brady Williamson, Richard Levin, Elizabeth Warren, William Bodoh, Samuel Gerdano

Faculty Publications

(Excerpt)

G. Ray Warner: Good morning, welcome back. The final component of our program is this outstanding group of commentators, who will be able to bring us some fresh perspectives on the present, past and possibly even the future of bankruptcy reform. We are very fortunate today to have a collection of some of the people who were most instrumental in the creation of the current Code and also in the efforts that have been percolating through Congress recently to look at the Code again and to consider revisions.

I would like to thank the panel for their willingness to …

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

Review: The Center Will Hold: Critical Perspectives On Writing Center Scholarship, Lauren Fitzgerald

The Writing Center Journal

No abstract provided.

Biobehavioral Correlates Of Transfer Trauma In The Frail Elderly: Salivary Cortisol, Affect, And Cognition, Nancy A. Hodgson, Vicki Freedman, Doug A. Granger, Amy Behel

Selected Works of Nancy Hodgson, PhD

No abstract provided.

International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian

Faculty Publications

This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …

Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …

Application Of Espi-Method For Strain Analysis In Thin Wall Cylinders, David Kennedy, Zdravko Schauperl, Seamus Greene, Emilia Mihaylova

Articles

The Centre for Industrial and Engineering Optics, DIT, Ireland, have recently developed and applied new optical techniques for the measurement of mechanical strain, one of which was based on electronic speckle pattern interferometry (ESPI). The accuracy of this optical technique when used on flat surfaces is well established. In this research the technique is tested on curved surfaces, and results are compared with the theoretical hoop strain as predicted by the bi-axial strain equation modified for the thin cylinder, and by those obtained by electrical resistance strain gauge (ERSG) undoubtedly the principal method of measuring mechanical strain. For testing procedures, …

Saving Title Vii: Using Intent To Distinguish Harassment From Expression, Robert Austin Ruescher

Faculty Publications

(Excerpt)

Like two reluctant boxers in a ring, the First Amendment and Title VII of the Civil Rights Act of 1964 have been sparring halfheartedly for years, circling and jabbing each other in courts and law reviews. The bout pits the constitutional right to be free from government censorship against the statutory "right to work in an environment free from discriminatory intimidation, ridicule, and insult." As stated by the Supreme Court in another context, it pits "the First Amendment rights of the speaker" against "the protection the statute provides for the unwilling listener."

Both the First Amendment and Title VII …

Derivative Suits In Bankruptcy, Keith Sharfman

Faculty Publications

(Excerpt)

It is a fundamental tenet of corporate law that creditors, unlike shareholders, may not bring derivative suits on a firm's behalf—even if the firm is, or is nearly, insolvent. Corporate law affords creditors who are unhappy with a corporate debtor's management various remedies, such as the right (in limited circumstances) to put the firm into receivership or to sue the directors and officers directly for breaches of fiduciary duty. But the derivative suit is not among them.

The formal rationale for denying derivative standing to creditors is that a derivative suit is an assertion of ownership rights, and (in …

"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade

Faculty Publications

There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …

Grandparents’ Rights: What Every Grandparent Needs To Know, Robin Boyle

Faculty Publications

(Excerpt)

Patricia Perkins Slorah, has written an easy-to-read book for grandparents who are considering assistance from the legal community to secure visitation with their grandchildren. The book is aptly titled, Grandparents’ Rights: What Every Grandparent Needs to Know. For grandparents who are unfamiliar with the court system, Ms. Slorah provides helpful guidance. Although any book about the current state of the laws would be outdated at some point in the future as to what certain laws provide, this book provides timeless personal stories of grandparents who have struggled to gain visitation rights with their grandchildren.

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

Faculty Publications

(Excerpt)

In the fall of 2000, six-year-old male Zachary from a small town in Ohio, claimed that s/he was a girl and requested, from now on, to be called Aurora. When the child's parents honored this unusual wish and made efforts to make official the child's feminine identity, the case turned into a custody battle between the parents and the state of Ohio. Although the child was occasionally treated as a girl at home from the age of two, the attempt to register the child in public school as a girl motivated the state dissolution of this family. At the …

Illinois Brick: A Look Back And A Look Ahead, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In June 1977, the United States Supreme Court decided Illinois Brick Co. v. Illinois, ruling that only those dealing directly with price-fixers, and not others in the chain of distribution, are "injured" within the meaning of Section 4 of the Clayton Act in price-fixing cases. The decision struck the death knell to claims by indirect purchasers that illegal overcharges incurred by first purchasers had been passed-on to them through the distribution chain. The so-called direct purchaser rule of Illinois Brick was clear and unequivocal, the very essence of a bright-line rule. Yet, after over a quarter century, the …

Safety Performance On 20 Construction Sites In Dublin, Paul Mcevoy

Masters

Abstract The aim of this research was to assess factors affecting safety performance on twenty apartment construction sites in Dublin using qualitative and quantitative risk assessment techniques. The quantitative techniques involved observing compliance with recommended safety procedures. The qualitative techniques involved an assessment of site safety management documentation and semi structured interviews with site management regarding site safety procedures. The field work was carried out between November 2003 and October 2004. The results showed that five sites out of twenty had high standards of safety and prevented all possible falls from heights. The five best performing sites were characterised by …

Color/Identity/Justice: Chicano Trials (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

Introduction: Fordham Sports Law Forum, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Introduction to the Fordham Sports Law Forum at Fordham University School of Law.

Since its founding in 1996, the Fordham Sports Law Forum has attracted numerous distinguished speakers to the school who have graciously shared their expertise and insight into the intersecting worlds of sports, law, and business. These participants have greatly enriched and invigorated the academic environment for many of your students and have made this venue one of the highlights of the academic year.

Some Legacies Of Brown V. Board Of Education, Mark V. Tushnet

Georgetown Law Faculty Publications and Other Works

The litigation campaign against segregation that culminated in Brown v. Board of Education' remains an important subject of study. Brown continues to be controversial because Americans remain uncertain about what its substantive commitments were, and, perhaps more important, how those commitments, as we now understand them, fit together with the other values and institutions that provide the structure of contemporary politics. This Essay will follow up on three aspects of the litigation campaign preceding Brown in an effort to show how Brown and its legacy illuminate enduring features of the organization of the U.S. political system.

Tax Malpractice: Areas In Which It Occurs And The Measure Of Damages--An Update, Jacob L. Todres

St. John's Law Review

(Excerpt)

Primarily, this Article will analyze the tax malpractice cases that have been reported since Malpractice I was published from the vantage of substantive tax law to attempt to ascertain whether certain areas of tax law or certain aspects of tax practice seem to generate more malpractice claims than others. As a secondary inquiry, the Article will discuss the proper measure of damages recoverable on account of such malpractice.

Objective Measurements Of Image Quality, Jacinta Browne, Amanda Watson, Nicholas Gibson, Nicholas Dudley, Alex Elliott

Articles

Tissue harmonic imaging (THI) and compound imaging have been reported clinically to improve contrast resolution, tissue differentiation and overall image quality. However, there have been limited studies to date to quantify objectively the improvements in image quality achieved with these new imaging techniques. The aim of this study was to quantify differences in image quality that exist between conventional B-mode imaging, harmonic imaging, compound imaging and harmonic compound imaging. An ATL HDI 5000 scanner with three probes (C5-2, L7-4 and L12-5) was tested with two different types of test object, the Gammex-RMI model 404 GS LE and the Gammex-RMI 403 …

2004 - Performances, Neiu Music Department

Music Department Performance Programs

Student Recital, Quintet Attacca, Mostly Music

Non Linear Electronic And Optical Processes In Fullerene Thin Films, Siobhan Phelan

Masters

In this study the current voltage characteristics of C60 thin film sandwich structures fabricated by vacuum deposition on indium tin oxide (ITO) with an aluminium top electrode are presented and discussed. A strongly non-linear behaviour and a sharp increase in the device conductivity was observed at relatively low voltages, at both room and low temperatures (30K). At room temperature the system is seen to collapse. In situ Raman measurements indicate that the collapse is the result of a solid state reduction of the fullerene thin film to a polymeric state. The high conductivity state was seen to be stable at …

A Biochemical Study Of Atlantic Salmon (Salmo Salar) Skin Mucus Proteins During Smoltification (1999 And 2001), Paul Kennedy

Masters

Smoltification is a complex process which involves morphological, physiological and behavioural changes which allow Atlantic salmon to migrate from fresh water to seawater. The biological interface between the salmon and their environment is the mucus coat, which is composed of a wide variety of biochemical secretions primarily from goblet cells on the surface of the epithelial layers, but also other cells such as sacciform cells and acidophilic granular cells. Skin mucus has been implicated in a diversity of roles including respiration, osmoregulation, reproduction, excretion, disease resistance, communication, feeding and protection ( Shepard, 1994). Further investigation is warranted with regard to …

Xviii Airborne Corps: Spearhead Of Military Transformation, Douglas A. Macgregor

Defense Horizons

War transforms armies. Combat accelerates transformation by moving it out of the realm of academic debate and endless speculation about the future to a pragmatic approach focused on fielding new capabilities within new combat formations as soon as possible. In war, transformation means conserving equipment and operational methods that are still relevant while incorporating new technologies, tactics, and organizations that enable victory. It is nearly impossible to replicate in peacetime training the true conditions of land warfare—ambiguity, uncertainty, and above all terror, killing, and exhaustion. For the Army, the best opportunity to transform involves parallel evolution, a method that moves …

Learning Theories And Higher Education, Francis Ashworth, Gabriel Brennan, Kathy Egan, Ron Hamilton, Olalla Sáenz

Conference papers

This paper offers a number of materials and resources which may be used as teaching aids for introduction-level courses in learning theories, especially those in higher education. The materials were developed during our participation in a postgraduate diploma module on the psychology of learning and learning theories in 2004, as part of the diploma in third-level learning and teaching at the DIT Learning and Teaching Centre.

Control Loop Performance Assessment: A Classification Of Methods, Niall O'Connor, Aidan O'Dwyer

Conference papers

This paper presents an overview of a number of controller performance assessment techniques. The techniques discussed are divided into five categories, namely, time domain assessment, frequency domain assessment, minimum variance control (MVC) as a benchmark, statistical analysis, and other more ‘problem specific’ assessment techniques. Recent work, by various authors, in each of the five categories is outlined.