Digital Commons Network^™

Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein

Law Faculty Publications

fiscal years and deducted the overpayment from its payments to H during that year. The fiscal year 2000 was also the year that H filed for Chapter 11. H filed an adversary proceeding against US contending that the deductions within four months before H's bankruptcy filing were voidable preferential transfers and that US's deductions after the bankruptcy filing were in violation of the automatic stay. The bankruptcy judge, the district court judge, and a unanimous appellate court panel looked to the law of recoupment to hold that US's reduction of payments was neither a preferential transfer nor a violation of …

Exterior Differential Systems With Symmetry, Ian M. Anderson, Mark E. Fels

Mathematics and Statistics Faculty Publications

We use the theory of reduction of exterior differential systems with symmetry to study the problem of using a symmetry group of a differential equation to find noninvariant solutions.

Coffee To Go! Modeling Thermoclines In Multivariable Calculus, Andrea Bruder, Brynja R. Kohler

Mathematics and Statistics Faculty Publications

While mathematical modeling is an integral process in applied mathematics, students rarely encounter genuine modeling opportunities in their calculus courses. Here we introduce a laboratory experience as a natural starting point for calculus students to investigate multivariable functions. A layered system of coffee and milk serves as a physical model for temperature gradients in lakes or the atmosphere, where temperature depends on both a temporal and spatial variable. Students create, observe, and collect temperature data of their own, graph the data, and develop mathematical models to fit the data. We require students to write a report about their findings. This …

Student Expression In The Age Of Columbine: Securing Safety And Protecting First Amendment Rights, David L. Hudson Jr.

Law Faculty Scholarship

"Student Expression in the Age of Columbine" is one in an ongoing series of First Reports, published by the First Amendment Center, on major First Amendment issues of our time.

Justice Brennan's Significant Departure And Warning Of An Evisceration, David L. Hudson Jr.

Law Faculty Scholarship

An essay on Justice Brennan's First Amendment jurisprudence regarding obscenity and the secondary effects doctrine.

Recoupment: Apples, Oranges And Fruit Basket Turnover, David G. Epstein, Jonathan A. Nockels

SMU Law Review

No abstract provided.

Jury Of Our Peers: An Unfulfilled Constitutional Promise, Robert C. Walters, Michael D. Marin, Mark Curriden

SMU Law Review

No abstract provided.

Oil, Gas And Mineral Law, Richard F. Brown

SMU Law Review

No abstract provided.

Marriage And Some Troubling Issues With No-Fault Divorce, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to challenge these erroneous assumptions, that fault is "no longer an issue" in modem American divorce law, and that a spouse on divorce should not be compensated for his or her non-economic contributions to the marriage and to the well-being of the family.

A Time To Preserve: A Call For Formal Private-Party Rights In Perpetual Conservation Easements, Carol N. Brown

Law Faculty Publications

For more than a century, conservation easements have been used in the United States to maintain open space or protect the environment. Such easements produce a public good. They increase the amount of protected landscapes by preserving property encumbered by easements from private development or consumption while simultaneously allowing grantors the flexibility to negotiate the retention of development rights tailored to meet the grantors' needs. My thesis is that private parties should have a common law property interest in conservation easements sufficient to confer standing to seek injunctive relief to enforce conservation easements and to sue for damages when they …

Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol N. Brown

Law Faculty Publications

When does resorting to random selection by casting lots produce a just distribution or allocation of property? Some argue generally in support of casting lots, asserting that it is a viable substitute for equal distribution of property. Others argue against casting lots, contending that it undermines distributive justice. This article considers instances of casting lots from the nineteenth century to the present and explains why the latter view is the better view.

The Antelope is one of the earliest United States Supreme Court cases addressing distribution of property by casting lots. It chronicles a dispute over the allocation of captured …

Anatomy Of An Oral Argument, Rodney A. Smolla

Law Faculty Publications

No abstract provided.

Content And Context: The Contributions Of William Van Alstyne To First Amendment Interpretation, Rodney A. Smolla

Law Faculty Publications

William Van Alstyne’s contributions to First Amendment interpretation, like his contributions to all of American constitutional law, are characterized by a piercing intellectual honesty and an impish play of intelligence. One feels relentlessly pulled by the elegant currents of Professor Van Alsytne’s arguments, yet, at the same time, restlessly resistant, a resistance borne of the vague but certain wariness that one is but an apprentice forever consigned to a level of awareness several moves behind the master, who almost certainly will produce surprises at the end. ...

A Troubling Equation In Contracts For Government Funded Scientific Research: "Sensitive But Unclassified" = Secret But Unconstitutional, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

The Challenge Of Environmental Protection, Jennifer Mattei

Biology Faculty Publications

Connecticut is in the midst of a demographic transition to a period of lower population growth. These demographic changes will help check the pressures exerted on the state's natural resources by population growth. Water, air, soil, energy sources, food, fisheries, forests, and biodiversity are common pool resources upon which we depend in ways that transcend political boundaries. Those governing Connecticut should help turn the state into a model of how to manage natural resources by halting forest fragmentation, reducing pollution, and promoting environmental science education.

Effect Of Dietary Fatty Acid Composition On Depot Fat And Exercise Performance In A Migrating Songbird, The Red-Eyed Vireo, Barbara J. Pierce, Scott R. Mcwilliams, Timothy P. O'Connor, Allen R. Place, Christopher G. Guglielmo

Biology Faculty Publications

Most migrating birds accumulate lipid stores as their primary source of energy for fueling long distance flights. Lipid stores of birds during migration are composed of mostly unsaturated fatty acids; whether such a fatty acid composition enhances exercise performance of birds is unknown. We tested this hypothesis by measuring metabolic rate at rest and during intense exercise in two groups of red-eyed vireos, a long-distance migratory passerine, fed either a diet containing 82% unsaturated fat (82%U), or one containing 58% unsaturated fat (58%U). Vireos fed the 82%U diet had fat stores containing (77%) unsaturated fatty acids, whereas vireos fed the …

Ab Initio : A New Concept In Engineering Education, A History Of The Design, Creation And Implementation Of A New School Of Engineering In Richmond, Virginia (1990-2000), Henry A. Mcgee Jr.

VCU University History Books

Dr. Henry A. McGee, Jr., Founding Dean Emeritus of the School of Engineering at Virginia Commonwealth University, chronicles the history of the School of Engineering through his term as Founding Dean, 1994–1999. McGee details the process of creating a program aimed to balance innovation and entrepreneurship.

Appellate Court Appointments In The Second Bush Administration, Carl W. Tobias

Law Faculty Publications

Prof. Tobias discusses the renominations by President George W. Bush of twelve candidates for the United States courts of appeals, all previously opposed by Democratic senators during the President's initial term. Likely reasons and predicted consequences for these renominations are offered.

Reconciling Pinstripes And Pearls, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

Review of Judith Richards Hope, Pinstripes & Pearls: The Women of the Harvard Law School Class of '64 Who Forged an Old-Girl Network and Paved the Way for Future Generations (2003)

A Legal Framework For Preventing Cardiovascular Diseases, Wendy Collins Perdue

Law Faculty Publications

Cardiovascular diseases are major contributors to death, disability, disparities, and reduced quality of life in the United States. Successful prevention and control of these diseases requires a comprehensive approach applied across multiple public health settings and in all life stages. Individual lifestyle and behavior change, as well as the broader social, environmental, and policy changes that enable healthy lifestyles, are necessary. Legal strategies can be powerful tools in this endeavor. This review presents seven such strategies applicable at the federal, state, and local levels that can be employed by healthcare providers, public health practitioners, legislators, and other policymakers. They include …

U.S.A. & France: I Love You ~ Neither Do I, Dirk Chatelain, Patti Vannoy, Rachael Seravalli, Kevin Abourezk, Erin Hilsabeck, Laura Schreier, Alyssa Schukar

College of Journalism and Mass Communications: Student Media

The Reporting
The Relationship by Dirk Chatelain
The History by Patti Vannoy
The American Inparis by Dirk Chatelain
The Expats by Rachael Seravalli
The Native Love by Kevin Abourezk
The Parisian Wild West by Kevin Abourezk
The Montauban by Kevin Abourezk
The Tourists by Erin Hilsabeck
The Art Capital by Erin Hilsabeck
The Famous Book Store by Laura Schreier
The Images by Alyssa Schukar
The Pop Culture by Laura Schreier
The Small Screen by Rachael Seravalli
The Veil Debate by Patti Vannoy
The Immigrants by Dirk Chatelain
The Rights Of Women by Patti Vannoy
The European Leader by Erin Hilsabeck …

Cold Blood: A Murder, A Book, A Legacy, Suzanna Adam, Chris Bainbridge, Amber Brozek, Michael Bruntz, Tom Gemelke, Kris Kolden, Van Jensen, Melissa Lee, Dustin Schilling, Michele Brown, Sara Connolly, Sara Gibony, Steve Hermann, Rob Hunter, Brian Lehrmann, Susan Gage, Jerry Sass

College of Journalism and Mass Communications: Student Media

This year [2005] marks the 40th anniversary of the publication of Truman Capote’s In Cold Blood, considered one of the 20th century’s great works of literature. It also was among the first books in which the reporting techniques of journalism were assembled with the flair of traditional fiction writing.

The book is set in the community of Holcomb in 1959, when four members of a prominent farming family were killed in a fruitless robbery. Herbert and Bonnie Clutter and their children Nancy, 16, and Kenyon, 15, were shot by Perry Smith and Richard Hickock. The book details the crime, …

Fathers' Religious And Family Involvement At Home; And Work And Family Outcomes, Roxane O. Whyte

Theses and Dissertations

This study proposes and confirms two new predictors of work and family outcomes, thus far unexplored in existing work-family literature: fathers' religious involvement at home and fathers' family involvement at home. It is the first study to date to document that these produce a crossover effect to positively influence work-related outcomes including work-family conflict, work-family fit and job satisfaction.
Data come from employed married fathers and their spouses participating in the 2001 BYU Marriott School of Management Alumni Work and Family Survey (n = 210), all members of The Church of Jesus Christ of Latter-day Saints (LDS). Findings are that …

Journal Of The Senate Of The Commonwealth Of Kentucky, 2005, Volume 1, Kentucky. General Assembly. Senate.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Back Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Back Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Front Matter (Pdf), North American Bird Bander

North American Bird Bander

No abstract provided.

Ethnicity And Gender Related Differences In Extended Intraesophageal Ph Monitoring Parameters In Infants: A Retrospective Study, Dena Nazer, Ronald Thomas, Vasundhara Tolia

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Gastroesophageal reflux disease (GERD) is believed to be more common in adult males as compared to females. It also has been shown in adults to be more common in Caucasians. We wanted to determine ethnicity and gender related differences for extended pH monitoring parameters in infancy.

Methods

Extended pH monitoring data (EPM) from infants <1 year of age were reviewed. Results were classified in two groups, as control and Gastroesophageal reflux disease (GERD) group based on the reflux index (RI). The GERD group had RI of equal to or more than 5% of total monitoring period. The parameters of RI, total number of episodes of pH < 4, and the number of episodes with pH < 4 lasting more than 5 minutes were compared by genders and by ethnic groups, Caucasians and African American (AA).

Results

There were 569 infants, 388 controls, 181 with GERD (320 males, 249 females; 165 Caucasians, 375 AA). No statistical difference in EPM parameters was detected between genders in both groups. However, Caucasian infants had a significantly higher incidence of GERD than AA infants …

Correlation Of Same-Visit Hba1c Test With Laboratory-Based Measurements: A Metronet Study, Kendra L. Schwartz, Joseph C. Monsur, Monina G. Bartoces, Patricia A. West, Anne Neale

Wayne State University Associated BioMed Central Scholarship

Abstract

Background

Glycated hemoglobin (HbA1c) results vary by analytical method. Use of same-visit HbA1c testing methodology holds the promise of more efficient patient care, and improved diabetes management. Our objective was to test the feasibility of introducing a same-visit HbA1c methodology into busy family practice centers (FPC) and to calculate the correlation between the same-visit HbA1c test and the laboratory method that the clinical site was currently using for HbA1c testing.

Methods

Consecutive diabetic patients 18 years of age and older having blood samples drawn for routine laboratory analysis of HbA1c were asked to provide a capillary blood sample for …

Comparison Of Phytoplankton And Autotrophic Picoplankton Populations Over A 24-Hour Period From A Pond's Surface And Subsurface Waters, Harold G. Marshall, Lubomira Burchardt, Elżbieta Wilk-Woźniak

Biological Sciences Faculty Publications

Phytoplankton abundance and composition relationships within the surface layer changed over short time periods (4-6 hours) in comparison with more constant associations at 2 cm below the surface. Both strata had a diverse algal flora (>50 taxa), but no distinct neuston assemblage characterized the surface layer algal composition over the 24-hour study. The similarity between the two strata indicated the floral composition of the surface layer came from the water column algae below the surface. Chlorophytes, diatoms, cyanobacteria, and cryptophytes represented the most abundant algal categories for both strata with a total mean phytoplankton abundance of 3,566 cells ml …