Digital Commons Network^™

Cost-Benefit Analysis: Where Should We Go From Here?, Sally Katzen

Fordham Urban Law Journal

The Article addresses the criticism of cost benefit analysis (CBA). Although it accepts the monetization of costs will generally oppose regulation, it finds CBA is at least close to an objective standard. It argues the results of CBA are informative, but are not dispositive, and often the procedures used in CBA are imperfect. It concludes financial resources should be devoted to retrospective analyses and/or organization studies in order to achieve rational regulatory decision making.

Greed And Pride In International Bankruptcy: The Problems Of And Proposed Solutions To 'Local Interests', John A. E. Pottow

Articles

The collapses of Yukos, Parmalat, and other international juggernauts have focused scholarly attention on the failure of multinational enterprises. Even what one might consider "American" companies, such as Chicago-based United Airlines, have made clear in their restructuring plans that their operations have profound effects on the dozens of nations around the globe where they transact business. Government and quasi-government reform efforts to regulate these cross-border insolvencies have abounded, including among others, the UNCITRAL Model Law on Cross-Border Insolvency. UNCITRAL is also building on World Bank and INSOL efforts at promulgating a Legislative Guide for "best practices" bankruptcy codes. Scholars vary …

Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron Perzanowski

Articles

This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.

The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …

Effects Of Student Response System Use On Student Learning And Verbal Participation For A Sixth-Grade Mathematics Unit, Gary Thomas Grissom Ii

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this quasi-experimental quantitative study was to examine the effects of Student Response System (SRS) use on student learning and verbal participation in an authentic K-12 classroom environment for a sixth-grade mathematics unit on probability. A self-report survey was administered to report student attitudes regarding SRS use for the unit. A sample of 84 sixth-grade students from a rural Midwestern elementary school was used for the study by established grouping. Two sections of the sixth-grade class were used as the treatment condition of SRS use and two sections of the sixth-grade class were used as the control group …

Mobile Speed Classification For Cellular Systems Over Frequency Selective Rician Fading Channels, Y. Rosa Zheng, Chengshan Xiao

Electrical and Computer Engineering Faculty Research & Creative Works

In this paper, a new algorithm is proposed for estimating mobile speed of cellular systems over frequency selective Rician fading channels. Theoretical analysis is first derived and practical algorithm is proposed based on the analytical results. The algorithm employs a modified auto-covariance of received signal power to estimate the speed of mobiles. The algorithm is based on the received signals which contain unknown transmitted data, unknown frequency selective multipaths including line-of-sight(LOS) component, and random receiver noise. The algorithm works very well for frequency selective Rician fading channels with large ranges of Rice factor and angle of arrival of the LOS …

Adolescent Fears And Anxities:A Comparitive Analysis Of Parent's And Teacher's Perceptions Of Adolescent Differences., Carolyn.B Milner

All-Inclusive List of Electronic Theses and Dissertations

The purpose of the study were 1)to compare parents and teachers and students perceptions of student's fears and anxities and 2)to determine if there were differences in student's fears and anxieties based on grade level or gender.This study was quantitative in nature.Four hundred eighty-six middle school students in a five through eight configuration, and their parents and teachers were included in the sample.Two surveys were given:The Middle Level Survey was created by the researcher, and the Comprehensive Assessment of School Climate is a National Study of School Evaluation(NSSE) product created by kelley,Glover,Keefe,Halderson,Sorenson,and Speth(1986).Statistical analysis of the data included the one-way …

Quantification Of Doxorubicin Concentration In Rat Tissues Using Polymeric Micelles In Ultrasonic-Drug Delivery, William G. Pitt, Beverly Roeder, Bryant J. Staples

Faculty Publications

The triblock copolymer, Pluronic P105, has been found to be an ideal ultrasonically activated drug delivery vehicle because it forms micelles with hydrophobic polypropylene oxide cores that sequester hydrophobic drugs (Fig. 1). These micelles release their contents upon the application of low frequency ultrasound [1]such that drugs can be released specifically at the ultrasonicated region (Fig. 2). Such ultrasonically controlled release has been effective against cancer cells in vitro [2] and in vivo [3]. The purpose of this research is to assess the use of these novel polymeric micelles in ultrasonically-activated Doxorubicin® (DOX) delivery to tumors. This cancer therapy involves …

From Clay Tablets To Canon: The Story Of The Formation Of Scripture, Kerry M. Muhlestein

Faculty Publications

Presented at the 35th Sperry Symposium. The Sidney B. Sperry Symposium is sponsored by Brigham Young University Religious Education and the Church Educational System. It is difficult for us, in the age of information, to appreciate the impact of both the sweeping movements and technical advances that allowed for the creation of the canonized book we call the Bible. We live in a time when we regularly turn to written documents for the "final word", and we take for granted an astounding volume of written works and easy access to them. Indeed, it has been argued that U.S. culture has …

Tick Pheromones And Their Use In Tick Control, Daniel E. Sonenshine

Biological Sciences Faculty Publications

Tick pheromones that regulate assembly, attraction/aggregation/attachment, and mating behavior have been described. Most of the compounds regulating these behaviors are purines, substituted phenols, or cholesteryl esters. Other pheromonal compounds include organic acids, hematin, or ecdysteroids. Novel devices have been developed that combine the specific compounds comprising these pheromones with an acaricide. When applied to tick-infested vegetation or directly to the body surfaces of livestock or companion animals, these devices are effective for tick control. This review summarizes the current state of knowledge of tick pheromones. In addition, this review also presents examples illustrating how devices using tick pheromones can offer …

Regulating Inheritable Genetic Modification Or Policing The Fertile Imagination?: A Feminist Response, Roxanne Mykitiuk, Isabel Karpin

Articles & Book Chapters

The past few years have seen an explosion of legislative activity around developments in genetics and assisted reproduction. In this chapter we examine recently passed legislation in Australia and Canada in the area of genetic modification technologies and reproductive genetics. We demonstrate that legislative control in this area has a twofold purpose. Less controversially it is aimed at providing limits to scientific innovation for the purpose of ensuring safe and ethical research and experimentation. More controversially it is concerned with what should be the proper "nature of reproduction' namely, how it happens (sexually), between whom (a man and a woman, …

Characterization Of Nicotine’S Ability To Serve As A Negative Feature In A Pavlovian Appetitive Conditioning Task In Rats, Rick A. Bevins, Jamie L. Wilkinson, Matthew I. Palmatier, Hannah L. Siebert, Steven M. Wiltgen

Department of Psychology: Faculty Publications

Rationale Pavlovian feature negative discriminations have been widely used to understand inhibitory conditioning processes using exteroceptive stimuli. Comparatively little is known about inhibitory conditioning processes using a drug state as a negative feature. A negative feature signals that presentation of a conditional stimulus (CS) will not be paired with an unconditioned stimulus. Objectives: The present research examined whether nicotine served as a negative feature and started characterizing its properties. Methods and results: In acquisition, rats received intermixed saline and nicotine (0.4 mg/kg, base) sessions. On saline sessions, a 15-s light CS was paired with 4-s access to sucrose; the CS …

Effects Of Temporal Clumping And Payoff Accumulation On Impulsiveness And Cooperation, David W. Stephens, Colleen M. Mclinn, Jeffrey R. Stevens

Department of Psychology: Faculty Publications

Animals show impulsiveness when they prefer a smaller more immediate option, even though a larger more delayed option produces a higher intake rate. This impulsive behavior has implications for several behavioral problems including social cooperation. This paper presents two experiments using captive blue jays (Cyanocitta cristata) that consider the effects of payoff accumulation and temporal clumping on impulsiveness and cooperation. Payoff accumulation refers to a situation where the benefits gained from each choice trial accumulate from one trial to the next, and only become available to the animal after it has completed a fixed number of trials. We …

Looking For Law In China, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

I have been looking for law in China for over forty years. When I started in 1963, only a handful of other Westerners had also embarked on what then seemed an exotic academic excursion. Since then, after U.S.-China relations were reestablished in 1972, many other Americans have had reason to join in the search. Now, the growing potency of China's economic strength and international reach has made efforts to understand China more important than ever, and law has become a necessary medium for use in such efforts.

This article offers insights into critical institutions and practices that mark the legal …

Paying For Delay: Pharmaceutical Patent Settlement As A Regulatory Design Problem, C. Scott Hemphill

Center for Contract and Economic Organization

Over the past decade, drug makers have settled patent litigation by making large payments to potential rivals who, in turn, abandon suits that (if successful) would increase competition. Because such "pay-for-delay" settlements postpone the possibility of competitive entry, they have attracted the attention of antitrust enforcement authorities, courts, and commentators. Pay-for-delay settlements not only constitute a problem of immense practical importance in antitrust enforcement, but also pose a general dilemma about the proper balance between innovation and consumer access.

This Article examines the pay-for-delay dilemma as a problem in regulatory design. A full analysis of the relevant industry-specific regulatory statute, …

Deaf Dialogue, January, February 2006

Deaf Dialogue

A newsletter published for Deaf Catholics in Chicago, IL

Deaf Dialogue Finding Aid

The Bulletin, Undergraduate Catalog 2006-2007 (2006), Minnesota State University Moorhead

Undergraduate Bulletins (Catalogs)

No abstract provided.

“The Inalienable Rights Of The Beasts”: Organized Animal Protection And The Language Of Rights In America, 1865-1900, Susan Pearson

Studio for Law and Culture

Contemporary animal rights activists and legal scholars routinely charge that state animal protection statutes were enacted, not to serve the interests of animals, but rather to serve the interests of human beings in preventing immoral behavior. In this telling, laws preventing cruelty to animals are neither based on, nor do they establish, anything like rights for animals. Their raison d’etre, rather, is social control of human actions, and their function is to efficiently regulate the use of property in animals. The (critical) contemporary interpretation of the intent and function of animal cruelty laws is based on the accretion of …

Paradoxes Of Constitutional Democracy, Kevin Olson

Studio for Law and Culture

Drawing on the work of Frank Michelman and Jürgen Habermas, I outline two interconnected paradoxes of constitutional democracy. The paradox of the founding prevents a purely democratic constitution from being founded, because the procedures needed to secure its legitimacy cannot be spontaneously self-generated. It displays an infinite regression of procedures presupposing procedures. The paradox of dynamic indeterminacy heads off any attempt to resolve this problem through constitutional amendment. It shows that a developing constitution needs some standard to guide it towards legitimacy. Without such a standard, constitutional reform will be aimlessly indeterminate. After rejecting proposed solutions to these paradoxes based …

Inclusion Of Students With Mild Disabilities: Accessing The General Curriculum, Cecily Ornelles Ph.D.

Electronic Journal for Inclusive Education

Inclusion in general education classrooms is generally believed to have many benefits for students with disabilities. However, relatively little is known about the process of successful inclusion. The broad purpose of this study was to explore the process of inclusion. It sought to discover the variables that may have contributed to the learning experiences and outcomes of two students with mild disabilities in a general education classroom. The intent was to document the students’ experiences as they related to instruction, their peers without disabilities, and teacher supports in an effort to aid teachers and others in implementing inclusion in classroom …

Assessment Of The Technology Of Genetic Modification In Light Of Its Socio-Economic Implications, Valentina Lootens

Masters Culminating Experiences (1993-2011)

Since Watson and Crick discovered the “double helix” in 1953, the arguments about the benefits and danger of genetic modification remain largely unanswered, particularly in the relation to food supply. Today, genetic modification or genetic engineering are global issues. Governments, scientific organizations, corporations, research institutions, and scholars hotly dispute the advantages and disadvantages of GM technology. However, unfortunately, the population at large is left in darkness about this new technology and its consequences for human health, environment and society. Moreover, genetic engineering creates a special problem: unlike many new technologies it is irreversible. Once introduced into the food chain, GM …

Horizontal Subsurface Flow Constructed Wetlands For On-Site Wastewater Treatment, Boyd C. Hoddinott

Master of Public Health Program Student Publications

Horizontal subsurface flow constructed wetlands (SSFCWs) are being used worldwide to treat wastewater from a variety of sources. An extensive literature review was conducted to update the current state of scientific knowledge on the performance of SSFCWs for domestic wastewater treatment. This review documented good treatment efficiency for the five commonly measured parameters (TSS, BOD, nitrogen, phosphorus, and fecal coliforms).

An attempt at a Meta analysis turned up a myriad of problems preventing a proper statistical review. These include lack of adherence to standard methods for effluent analysis, varying metrics for reporting treatment efficiency, variability in the nitrogen species which …

Academic Discourse And Proprietary Rights: Putting Patents In Their Proper Place, Margo A. Bagley

Faculty Articles

This Article provides a fresh perspective on the Bayh-Dole debate by focusing on the impact of patent novelty rules on academic discourse. The Article proposes that to begin to reverse an observed deterioration in disclosure norms, flexibilities must be built into the patent system so that patents can be facilitators of the academic knowledge dissemination enterprise. In particular, the Article advocates creation of an opt-in extended grace period that would provide more time for academic researchers to publish and present early-stage research before having to file a patent application. Such an extension, coupled with early application publication, would both address …

The Intimacy Discount: Prosecutorial Discretion, Privacy, And Equality In The Statutory Rape Caseload, Kay L. Levine

Faculty Articles

This Article proceeds as follows. It begins in Part I by presenting the structural and case-based factors that scholars have identified as relevant to prosecutorial decision-making in the United States. Part II considers the existing social science research documenting the relationship between intimacy and criminal Justice treatment. Part III explains the empirical study of California prosecutors on which this Article's data and conclusions are based. After introducing California's statutory rape prosecution program in Part IV, the Article describes in Part V how the program's underlying rationale led to the development and deployment of prosecutorial assessments of intimacy and exploitation in …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2006 Session. In addition, there were six opinions from the Supreme Court of Virginia during the period covered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.

Gouging: Terrorist Attacks, Hurricanes, And The Legal And Economic Aspects Of Post-Disaster Price Regulation, Geoffrey C. Rapp

Kentucky Law Journal

No abstract provided.

"Righting", Restructuring, And Rejuvenating The Postcolonial African State: The Case For The Establishment Of An Au Special Commission On National Minorities, Obiora Chinedu Okafor

Articles & Book Chapters

The special theme of this volume of the Yearbook, i.e. "Reflections on Some Forms of Statehood in Africa," invites contributor and reader alike to grapple with an abstract concept that has nevertheless proved to be highly consequential to the lived experience of virtually every African - at least since the mid-nineteenth century. Despite the increasingly extensive literature on the subject,l both within and without the legal academe, the topic is so complex, so controversial, so socially relevant, and so widely misunderstood still, that it does deserve further attention in a Yearbook such as this.

Legitimating Global Trade Governance: Constitutional And Legal Pluralist Approaches, Ruth Buchanan

Articles & Book Chapters

This article will take up the conversation about legal pluralism in the context of debates over transnational governance, where legal pluralism has of late attracted considerable attention. Legal pluralism has its roots in legal sociology and anthropology, and particularly in the study of the co-existence of non-state, customary law or community norms with formal law. In the transnational context, this original focus is expanded to include the coexistence, within a particular territory, of multiple normative regimes, local, national and international. What is important to note, however, is that in this shift the conceptual orientation of the term remains the same: …

Population Dynamics Model Of The Hard Clam, Mercenaria Mercenaria: Development Of The Age- And Length-Frequency Structure Of The Population, Eileen E. Hofmann, John M. Klinck, John N. Kraeuter, Eric N. Powell

CCPO Publications

An individual-based model was developed to simulate growth of the hard clam, Mercenaria mercenaria, in response to temperature, salinity and food supply conditions. Unique characteristics of the model are that: (1) length and tissue weight are related only by condition index, so that weight, up to a point, can vary independently of length, and (2) age is decoupled from length. Tissue weight changes result from the difference in assimilation and respiration. Changes in hard clam condition are determined from a standard length-weight relationship for average hard clam growth. Changes in hard clam length (growth) occur only when condition index is …

Understanding The Success And Failure Of Oyster Populations: Climatic Cycles And Perkinsus Marinus, Thomas M. Soniat, John M. Klinck, Eric N. Powell, Eileen E. Hofmann

CCPO Publications

Perkinsus (=Dermocystidium) marinus is a major cause of mortality in eastern oysters. Crassostrea virginica. Because initiation of infection and progression of disease are favored by high temperature and high salinity, we hypothesized that climatic cycles influence cycles of disease. Analyses of a 10-y time series of disease prevalence and intensity, chlorophyll a, suspended sediments, water temperature and salinity from a Louisiana site, using a wavelet technique, show a teleconnection between the El Nino-Southern Oscillation (ENSO) and oyster disease in the northern Gulf of Mexico. Salinity increases precede increased disease prevalence by several months. The changes in salinity that trigger changes …