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2005

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Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond Jan 2005

Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond

Articles & Book Chapters

The relationship between cartography and law provides a unique focus through which to examine mixed legal jurisdictions. Through an exploration of the various uses of law, cartography, and nation building, the author postulates that mixed legal jurisdictions are created through the subtle incorporation of the originally unfamiliar “Other”. In Canada, European settlers asserted sovereignty through the mapping and naming of territory in ways that did not accord with traditional Aboriginal patterns of usage or conceptualizations of space. The eventual creation of a legal middle ground between these peoples, as articulated by Richard White, is the basis of the author’s analysis …

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Madly Off In One Direction: Mcgill’S New Integrated, Poly-Jural, Trans-Systemic Law Program, Harry W. Arthurs Jan 2005

Madly Off In One Direction: Mcgill’S New Integrated, Poly-Jural, Trans-Systemic Law Program, Harry W. Arthurs

Articles & Book Chapters

In 1994, the McGill Faculty of Law organized a two-day faculty retreat, seeking to lay the foundations of a new curriculum. This desire was in part a response to the contradictions inherent to the faculty, but also stemmed from a deep-seated preoccupation with ‘polyjurality’, non-state normativity, transnational legal systems, and legal theory—a preoccupation that dates back to its origins, over 150 years ago. The author, while praising McGill's efforts at reinventing itself, laments a certain reserve toward interdisciplinarity. He conjectures that at least some understand the teaching of polyjurality and transsystemic law as a project that is largely concerned with …

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Beyond Patents: The Cultural Life Of Native Healing And The Limitations Of The Patent System As A Protective Mechanism For Indigenous Knowledge On The Medicinal Uses Of Plants, Ikechi Mgbeoji Jan 2005

Beyond Patents: The Cultural Life Of Native Healing And The Limitations Of The Patent System As A Protective Mechanism For Indigenous Knowledge On The Medicinal Uses Of Plants, Ikechi Mgbeoji

Articles & Book Chapters

In the past decade, indigenous knowledge systems have witnessed a belated renaissance, both in policy instruments of international organizations and in some international law agreements. In the progressive emancipation of indigenous knowledge systems, two key issues have arisen. The first is the controversial appropriation of various products, innovations, art forms, and intellectual property of indigenous knowledge systems. A particularly contested aspect of this phenomenon has been characterized as biopiracy. The second closely related issue is whether dominant regimes for the protection of intellectual property are compatible with indigenous knowledge systems.

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First Documentation Of Combinatorial Song Syntax In A Suboscine Passerine Species, Daniel Leger Jan 2005

First Documentation Of Combinatorial Song Syntax In A Suboscine Passerine Species, Daniel Leger

Department of Psychology: Faculty Publications

Birds with songs having two or more acoustically distinct elements can arrange them either rigidly (i.e., in the same sequence) or flexibly. Flexible song syntax can be achieved either by varying the number of repetitions of elements or by combining elements in different ways. Combinatorial syntax has been documented only in the songs of oscine passerines and in one nonpasserine, but not in the suboscine passerines. Dawn and day songs of a tyrant flycatcher, the Flammulated Attila (Attila flammulatus), were recorded in Costa Rica. Flexible syntax was noted in both dawn and day song. Attilas not only varied …

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Cooperative Brains: Psychological Constraints On The Evolution Of Altruism, Jeffrey R. Stevens, Marc D. Hauser Jan 2005

Cooperative Brains: Psychological Constraints On The Evolution Of Altruism, Jeffrey R. Stevens, Marc D. Hauser

Department of Psychology: Faculty Publications

Imagine an individual called "hunter" that expends a good deal of energy to capture a gazelle. As the hunter is consuming his small prey, a second individual called "recipient" approaches and begins feeding peacefully alongside the hunter. A few weeks later the roles reverse, such that the previous recipient has now captured a gazelle, and the previous hunter is taking advantage of the recipient's hard work. Could the hunter and recipient be Maasai warriors? Is it equally likely that they are common chimpanzees, African lions, or Nile crocodiles? All of these species hunt gazelle and live in groups, so why …

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Evolving The Psychological Mechanisms For Cooperation, Jeffrey R. Stevens, Fiery A. Cushman, Marc D. Hauser Jan 2005

Evolving The Psychological Mechanisms For Cooperation, Jeffrey R. Stevens, Fiery A. Cushman, Marc D. Hauser

Department of Psychology: Faculty Publications

Cooperation is common across nonhuman animal taxa, from the hunting of large game in lions to the harvesting of building materials in ants. Theorists have proposed a number of models to explain the evolution of cooperative behavior. These ultimate explanations, however, rarely consider the proximate constraints on the implementation of cooperative behavior. Here we review several types of cooperation and propose a suite of cognitive abilities required for each type to evolve. We propose that several types of cooperation, though theoretically possible and functionally adaptive, have not evolved in some animal species because of cognitive constraints. We argue, therefore, that …

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Direct Selling By Urban Farmers: Constraints In Value Creation, Albert C. Manyengawana Jan 2005

Direct Selling By Urban Farmers: Constraints In Value Creation, Albert C. Manyengawana

Masters Culminating Experiences (1993-2011)

According to Heimlich (1989), one of the leading development economists who has published several articles on small and urban farming, there are two major forms of urban farms namely backyard gardens and community gardens. These may, further be classified into recreational, adaptive, and traditional farms. Urban farms emerged as a direct response to beautify the landscape, provide food security and serve as an additional income source. Over time, changes in the farming sector allowed farmers to adopt direct marketing initiatives, circumventing the intermediaries in the distribution chain. These tactics of selling directly to consumers included farmers’ markets, road-side sales, and …

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Vertebrate Gld2 Poly(A) Polymerases In The Germline And The Brain, Labib Rouhana, Liaoteng Wang, Natascha Buter, Jae Eun Kwak, Craig A. Schiltz, Tania Gonzalez, Ann E. Kelley, Charles F. Landry, Marvin Wickens Jan 2005

Vertebrate Gld2 Poly(A) Polymerases In The Germline And The Brain, Labib Rouhana, Liaoteng Wang, Natascha Buter, Jae Eun Kwak, Craig A. Schiltz, Tania Gonzalez, Ann E. Kelley, Charles F. Landry, Marvin Wickens

Biological Sciences Faculty Publications

Cytoplasmic polyadenylation is important in the control of mRNA stability and translation, and for early animal development and synaptic plasticity. Here, we focus on vertebrate poly(A) polymerases that are members of the recently described GLD2 family. We identify and characterize two closely related GLD2 proteins in Xenopus oocytes, and show that they possess PAP activity in vivo and in vitro and that they bind known polyadenylation factors and mRNAs known to receive poly(A) during development. We propose that at least two distinct polyadenylation complexes exist in Xenopus oocytes, one of which contains GLD2; the other, maskin and Pumilio. GLD2 protein …

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Implementing Electronic Flight Data In Airport Traffic Control Towers, Todd R. Truitt Ph.D. Jan 2005

Implementing Electronic Flight Data In Airport Traffic Control Towers, Todd R. Truitt Ph.D.

International Symposium on Aviation Psychology - 2005

The Federal Aviation Administration (FAA) is investigating the potential effects of implementing electronic flight data systems (EFDSs) at Airport Traffic Control Towers (ATCTs). I use existing task analyses, published literature, and recent field observation data to determine the basic functionality of flight progress strips (FPSs) in the ATCT. I identify gaps in the research and formed a general set of principles to guide the design of an EFDS prototype. Given the proper application of principles for design and automation, the EFDS should maintain some of the basic functionality and benefits of the FPSs, reduce workload related to flight data entry, …

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Capturing The Research And Development Process Of Aviation Systems: Creating A Multi-Media Living Legacy, Anthony D. Andre, Becky L. Hooey, David C. Foyle Jan 2005

Capturing The Research And Development Process Of Aviation Systems: Creating A Multi-Media Living Legacy, Anthony D. Andre, Becky L. Hooey, David C. Foyle

International Symposium on Aviation Psychology - 2005

Too often, successful system development projects fail to leave a legacy of design transfer information, beyond providing access to the mere physical descriptions of the system, or the software code itself. Yet, information about high-level design decisions, assumptions, constraints, philosophies and methodologies is often sought after by system designers, engineers, and researchers alike. Such information is critical for facilitating an understanding of the design and evaluation decisions that underlie the final design. In contrast, published articles about a given complex system are usually limited to discussions of experimental results and in applicability beyond the academic and research community. This paper …

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A Comparison Of Saint With Imprint And Micro Saint Sharp, Gerald P. Chubb Jan 2005

A Comparison Of Saint With Imprint And Micro Saint Sharp, Gerald P. Chubb

International Symposium on Aviation Psychology - 2005

SAINT was a hybrid modeling and simulation language developed in FORTRAN for main frame computers that allowed simulation of human activities in the context of system operation. MicroSaint was initially developed in the C language, specifically for Personal Computers (PCs), mimicking much but not all of what was in the original FORTRAN version. IMPRINT Version 7 uses Micro Saint IV as its underlying computational engine. MicroSaint Sharp is based on the C# programming language and will be the computational engine underlying IMPRINT Version 8. Representational capabilities of these various modeling techniques are compared to illustrate what improvements have been made …

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A Proactive Strategy For Teaching Evolution, Lawrence C. Scharmann Jan 2005

A Proactive Strategy For Teaching Evolution, Lawrence C. Scharmann

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Biology teachers are fortunate when topics to be addressed possess inherent qualities that interest students. Classical genetics rarely fails to interest secondary school students because it is introduced at a time when they are self-absorbed with their nascent physical characteristics, emerging sexuality, and/or future athlet- ic potential. A topic like genetics is always an easier sell than would be taxonomy, for instance. How should one treat topics that traditionally are tougher to teach? A simple but effective method for self-assessing readiness to teach a particular topic is to be prepared to respond to the questions, "Why do I have to …

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Effectiveness Of Dried Distillers Grains With Solubles As A Replacement For Oilseed Meal In Supplements For Cattle Consuming Poor Quality Forage, Heidi Doering-Resch, Cody Wright, Kent Tjardes, George Perry, Kelly Bruns, Bradley Rops Jan 2005

Effectiveness Of Dried Distillers Grains With Solubles As A Replacement For Oilseed Meal In Supplements For Cattle Consuming Poor Quality Forage, Heidi Doering-Resch, Cody Wright, Kent Tjardes, George Perry, Kelly Bruns, Bradley Rops

South Dakota Beef Report, 2005

A two-year study was conducted at the South Dakota State University Southeast Research Farm in Beresford, SD, to determine the effects of feeding supplemental dried distillers grains with solubles (DDGS) on the performance of mid-gestation and non-gestating, non-lactating beef cows. Ninety-six gestating beef cows (initial BW = 1276.4 ± 22.2; initial BCS = 4.7 ± 0.09) and 96 non-gestating, non-lactating beef cows (initial BW = 1214.0 ± 20.8; initial BCS = 5.4 ± 0.10) were used for year 1 and year 2, respectively. Cows were stratified by weight and allocated to one of 15 pens. Pens were then randomly assigned …

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God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag Jan 2005

God In The Machine: A New Structural Analysis Of Copyright's Fair Use Doctrine, Matthew Sag

Faculty Articles

Recognition of the structural role of fair use has the potential to mitigate some of the uncertainty of current fair use jurisprudence. The statutory framework for fair use both mitigates and causes uncertainty. It mitigates uncertainty by providing a consistent framework of analysis the four statutory factors. However, when judges apply the statutory factors without articulating or justifying their own assumptions, they increase uncertainty. The statutory factors mean nothing without certain a priori assumptions as to the scope of the copyright owner's rights. A more stable and predictable fair use jurisprudence would begin to emerge if those assumptions were made …

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A Jewish Law View Of World Law, Michael J. Broyde Jan 2005

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.

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The New Prosecution, Kay L. Levine Jan 2005

The New Prosecution, Kay L. Levine

Faculty Articles

This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …

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Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements Jan 2005

Virtually Free From Punishment Until Proven Guilty: The Internet, Web-Cameras And The Compelling Necessity Standard, Michael Clements

Richmond Journal of Law & Technology

Few legal maxims have had greater resonance than the tenet that one is innocent until proven guilty. It is a principle that has been traced back to Roman times, and it entered the American legal lexicon through the United States Supreme Court decision Coffin v. United States. It has even been incorporated in the United Nations’1948 Declaration of Human Rights under article eleven, section one.4

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Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis Jan 2005

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.

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Police Shootings Under The Fourth Amendment, Wayne C. Beyer Jan 2005

Police Shootings Under The Fourth Amendment, Wayne C. Beyer

Richmond Public Interest Law Review

The Fourth Amendment permits police to use deadly force when there is an imminent threat of serious bodily harm or death to themselves or others. Although the governing standard is well established in a general way, its application to particular facts and circumstances may not be clear to officers on the street. Unless a reasonable police officer would have understood that his/her decision to shoot was clearly constitutionally prohibited, the officer may be entitled to qualified immunity, a decision that the court can make on summary judgment before trial. Discussed first are shootings that are not subject to Fourth Amendment …

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The Federal Appellate Court Appointments Conundrum,, Carl W. Tobias Jan 2005

The Federal Appellate Court Appointments Conundrum,, Carl W. Tobias

Law Faculty Publications

Selection of federal appellate court judges is now extremely controversial. Slowed nominee processing, accusations and countercharges between Democrats and Republicans, as well as "paybacks," have characterized appointments since 1990. One tenth of the 179 active circuit judgeships authorized by the United States Congress are perennially vacant, and substantial numbers of these positions can remain open for years. The Senate Judiciary Committee increasingly votes along straight political party lines, and Democratic senators even relied on filibusters to deny nominees positions on the United States Courts of Appeals for the District of Columbia Circuit as well as the Fourth, Fifth, and Ninth …

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Teen Mothers' Perceptions Of Medicalization And The Patient/Provider Relationship, Preston Martin-Lyon Jan 2005

Teen Mothers' Perceptions Of Medicalization And The Patient/Provider Relationship, Preston Martin-Lyon

Theses and Dissertations

Within the past twenty years, a great deal of research has addressed pregnancy and childbirth in the United States. Often, however, prior studies have focused on white middle-class women and have neglected the experiences of women of color and low-income women. Teen mothers have also been marginalized in past research. With few exceptions, the limited research that does exist on African American teen mothers is usually framed around the "teen pregnancy crisis" in the U.S; seldom are teens included in studies dealing with the overall issue of medicalization. In an effort to understand the extent to which the medical model …

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Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia Jan 2005

Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia

Law Faculty Publications

The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …

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Life On A Tricycle A Case Study Of Language Impairment From 4 To 19, Lee Robinson, Bonnie Brinton, Martin Fujiki Jan 2005

Life On A Tricycle A Case Study Of Language Impairment From 4 To 19, Lee Robinson, Bonnie Brinton, Martin Fujiki

Faculty Publications

This article presents a longitudinal case study of a child named Cody identified with specific language impairment. Cody was followed from 4 to 19 years of age, at which time he compared his social skills with those of peers: “It’s like they’re driving sports car and I’m on a tricycle.” His initial long- and short-term intervention goals are presented, along with the treatment methods employed and the resulting outcomes. Although long-term goals remained consistent, as the nature of Cody’s academic, social, and emotional challenges shifted, it was necessary to gear treatment to address his changing needs. Cody’s case illustrates the …

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Takeovers In The Boardroom: Burke Versus Schumpeter, Ronald J. Gilson, Reinier Kraakman Jan 2005

Takeovers In The Boardroom: Burke Versus Schumpeter, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

We are delighted to participate in a 25th anniversary assessment of Martin Lipton's 1979 article, Takeover Bids in the Target's Boardroom. This is a remarkably prescient article that demonstrates an uncanny ear for an emerging issue. From his vantage point inside targets' boardrooms – and, we assume, also from inside the nearby offices of investment bankers – Lipton spotted a gathering storm on the horizon and sought to channel the emerging issue of takeover policy in a direction that accorded with his own fundamental convictions as well as the interests of his clients. As every academic knows, early intervention …

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Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof Jan 2005

Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof

Cardozo Law Review

No abstract provided.

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The Rule In Hodge's Case: Rumours Of Its Death Are Greatly Exaggerated, Benjamin Berger Jan 2005

The Rule In Hodge's Case: Rumours Of Its Death Are Greatly Exaggerated, Benjamin Berger

Articles & Book Chapters

Certain academic commentators and Canadian courts have announced the death of the rule in Hodge's Case. The author challenges this proclamation of death, observing that Hodge's rule is a particular manifestation of the epistemology that informs our law of evidence. He argues not only that the rule is doctrinally intact, but that the principles and spirit that animate Hodge's rule have broad influence in our law of evidence and have utility in the appellate review of unreasonable verdicts. Hodge's rule, Hodge-like reasoning, and the associated epistemology, are alive and well in Canada.

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Defensin In Ticks: Molecular Characterization, Expression, And Role In Innate Immunity, Daniel E. Sonenshine, Wayne L. Hynes, Shane M. Ceraul, Michelle Todd Jan 2005

Defensin In Ticks: Molecular Characterization, Expression, And Role In Innate Immunity, Daniel E. Sonenshine, Wayne L. Hynes, Shane M. Ceraul, Michelle Todd

Biological Sciences Faculty Publications

No abstract provided.

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Effects Of Human Disturbances On The Behavior Of Wintering Ducks, Melissa L. Pease, Robert K. Rose, Mark J. Butler Jan 2005

Effects Of Human Disturbances On The Behavior Of Wintering Ducks, Melissa L. Pease, Robert K. Rose, Mark J. Butler

Biological Sciences Faculty Publications

Human activity causes wintering waterfowl to expend energy to avoid humans at a time in their annual cycle when energy conservation is important to survival, migration, and breeding reserves. Understanding the effects of recreational activities on waterfowl is important to managing natural resource areas where migratory birds depend on wetland habitat for resting and feeding. We investigated responses of 7 species of dabbling ducks to 5 different experimental human activities, (a pedestrian, a bicyclist, a truck traveling at 2 different speeds, and an electric passenger tram). Responses of ducks depended on type of disturbance, species, and distance from disturbances. Most …

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New Species Of Amphipod Crustaceans In The Genera Tegano And Melita (Hadzioidea : Melitidae) From Subterranean Groundwaters In Guam, Palau, And The Philippines, Thomas R. Sawicki, John R. Holsinger, Thomas M. Iliffe Jan 2005

New Species Of Amphipod Crustaceans In The Genera Tegano And Melita (Hadzioidea : Melitidae) From Subterranean Groundwaters In Guam, Palau, And The Philippines, Thomas R. Sawicki, John R. Holsinger, Thomas M. Iliffe

Biological Sciences Faculty Publications

Three new species of Tegano are described, two from caves on Panglao Island, Bohol, Philippines, and one from a cave on Peleliu Island, Palau. Sriha vagabunda from Sri Lanka is reassigned to the genus Tegano based primarily on the high degree of similarity between Sriha vagabunda and species of Tegano and the fact that these species exhibit a great deal of variation in the reduction of the mandibular palp. A new species of Melita with characters intermediate between those defining the genera Abludomelita, Melita, and Paraniphargus is described from a spring on Guam. The characters of the new …

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Acww: Adding Automation To The Cognitive Walkthrough For The Web (Cww), Richard Brown Jan 2005

Acww: Adding Automation To The Cognitive Walkthrough For The Web (Cww), Richard Brown

UNF Graduate Theses and Dissertations

The Cognitive Walkthrough for the Web (CWW) is a Usability Evaluation Method that can be used as an approach to evaluate a website. Unfortunately, the original formulation of CWW has been applied by researchers in the area as a set of a semi-manual processes, which have proven to be extremely time-consuming, and as with any semi-manual process, error-prone. This thesis presents a web-based approach to automate CWW, which we call ACWW. The automation of these processes implies, on the one hand, that researchers can reduce the amount of time dedicated to computing the results associated with performing various analyses. On …

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