Digital Commons Network^™

Framing Affirmative Action, Kimberlé W. Crenshaw

Faculty Scholarship

With the passage of the Michigan Civil Rights Initiative ("MCRI"), Michigan joins California and Washington to constitute the new postaffirmative action frontier. For proponents such as Ward Connerly, affirmative action is on the edge of extinction. Connerly plans to carry his campaign against what he calls "racial preferences" to eight states in 2008, scoring a decisive Super-Tuesday repudiation of a social policy that he portrays as the contemporary face of racial discrimination.

On the other side of the issue, proponents of affirmative action are struggling to regroup, fearful that the confluence of lukewarm support among Democratic allies, messy presidential politics …

Review Of The New Ontario Limitations Regime: Exposition And Analysis, Lorne Sossin

Articles & Book Chapters

No abstract provided.

Emotions And The Veil Of Voluntarism: The Loss Of Judgment In Canadian Criminal Defences, Benjamin Berger

Articles & Book Chapters

In this perspective piece, the author attacks the notion of "moral involuntariness" in the Supreme Court of Canada's judgment in R. v. Ruzic. He asserts that the voluntarist account of criminal liability is purely descriptive. Through the embrace of a mechanistic understanding of human agency, it forestalls judgment and veils the normative foundation of criminal law. The author asserts the need for a more normative approach, one which seeks to evaluate the moral blameworthiness of an act. In the case of duress, the author suggests that it is not enough to simply state that a person's will is constrained because …

Vertical Distribution Of Decapod Larvae In The Entrance Of An Equatorward Facing Bay Of Central Chile: Implications For Transport, Beatriz Yannicelli, Leonardo R. Castro, Arnoldo Valle-Levinson, Larry Atkinson, Dante Figueroa

CCPO Publications

Two short biophysical surveys were carried out in order to assess how the decapod crustacean larvae vertical distribution and circulation patterns in an equatorward facing embayment (Gulf of Arauco, 37° S; 73° W) influenced larval transport into and out of the Gulf. The embayment is located at the upwelling area of south central Chile and features a deep (60 m) and a shallow (25 m) pathway of communication with the adjacent coastal ocean. Profiles of zooplankton, temperature, salinity, dissolved oxygen and current velocity were measured during a 22-h period at the shallow entrance to the gulf. In addition, three zooplankton …

Transport Of Antarctic Krill (Euphausia Superba) Across The Scotia Sea. Part Ii: Krill Growth And Survival, Bettina A. Fach, Eileen E. Hofmann, Eugene J. Murphy

CCPO Publications

A time-dependent, size-structured, physiologically based krill growth model was used in conjunction with a circulation model to test the hypothesis that Antarctic krill (Euphausia superba) populations at South Georgia are sustained by import of individuals from upstream regions. Surface phytoplankton concentrations along the simulated drifter trajectories were extracted from historical Coastal Zone Color Scanner (CZCS) measurements and sea ice biota concentrations were calculated from sea ice concentration and extent extracted along drifter trajectories from Special Sensor Microwave/ Imager measurements. As additional food sources, a time series of heterotrophic food was constructed from historical data, and time series of …

The Adaptive Value Of Aggregation Among Juvenile Caribbean Spiny Lobster: An Evaluation Using Individual-Based Modeling, Thomas W. Dolan Iii, Mark J. Butler Iv

Biological Sciences Faculty Publications

Ontogenetic changes in gregariousness by pre-reproductive animals, like that observed in juvenile Caribbean spiny lobsters (Panulirus argus), may be adaptive and reflect size-specific changes in the effectiveness of aggregation in promoting survival. Alternatively, aggregation may simply result from changes in the distribution or availability of suitable habitat structure, or from other behaviors that enhance survival. There are currently two hypotheses explaining the potential benefits of gregarious behavior in juvenile spiny lobsters, both of which focus on increasing survivorship by reducing predation pressure: the group benefit hypothesis and the guide hypothesis. The group benefit hypothesis argues that aggregations of …

Understanding The Purpose Of Creation Accounts, Terry Ball

Faculty Publications

Jeopardy is a popular and longrunning TV game show in the United States. It is somewhat unusual in the world of game shows. In typical game shows, contestants are asked questions and then awarded money for providing correct answers. But, in Jeopardy that process is reversed: the contestants are given the answers and then receive money for correctly providing the questions. For example, contestants might be given the answer "a biblical measurement of volume approximately equivalent to eight gallons." The contestant who first correctly asks the question "What is an ephah?" would then be awarded money. Unlike much of what …

The Effectiveness Of The Nafta Environmental Side Agreement's Citizen Submission Process: A Case Study Of Metales Y Derivados, Tseming Yang

Faculty Publications

No abstract provided.

Does Avoiding Constitutional Questions Promote Judicial Independence?, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

A Call To Green Action

Cal Poly Magazine

No abstract provided.

A Portrait Of Young Students As Artists, Pat Ketchum

Cal Poly Magazine

No abstract provided.

Patterns Of Habitat Use By Bats Along A Riparian Corridor In Northern Utah, Duke S. Rogers, Mark C. Belk, Malinda W. González, Brent L. Coleman

Faculty Publications

We examined patterns of habitat use within a community of bats along the Provo River in Heber Valley, Utah. The landscape was divided into 5 habitat categories: riparian forest, wetland, agricultural field, edge, and a habitat restoration site. We used Anabat II bat detectors to record the number of echolocation calls per night within each habitat type as an index of bat activity. Echolocation calls were classified into foraging guilds based on acoustic traits, and we analyzed activity by entire community and by the 4 guilds related to habitat type and environmental variables. Activity was not significantly related to moon …

Oxygen Demand Trends, Land Cover Change, And Water Quality Management For An Urbanizing Oregon Watershed, Michael Karl Boeder

Dissertations and Theses

In-stream aquatic habitat depends on adequate levels of dissolved oxygen. Human alteration of the landscape has an extensive influence on the biogeochemical processes that drive oxygen cycling in streams. Historic datasets allow researchers to track trends in chemical parameters concomitant with urbanization, while land cover change analysis allows researchers to identify linkages between water quality trends and landscape change.

Using the Seasonal Kendall's test, I examined water quality trends in oxygen demand variables during the mid-1990s to 2003, for twelve sites in the Rock Creek sub-watershed of the Tualatin River, northwest Oregon. Significant trends occurred in each parameter. Dissolved oxygen …

Lives, Livelihoods, And Landscapes: A Study Of Land Use And Social Change In Northeastern Nepal, Jennifer Leigh Anderson

Dissertations and Theses

This thesis explores the forces of change in lives and landscapes that have altered the Lamosangu-to-Everest route in northeastern Nepal and shows how a transect in photographs and conversations across the east-central Himalaya allows us insight and a greater understanding into the processes and consequences of this change.

Three forces of change over the last twenty-five years dominated discussions with local informants: the rise of the "People's War"-Nepal's Maoist Insurgency beginning in 1996; the Democratic Revolution of 1990; and dependence on tourism for livelihood after the establishment of Sagarmatha National Park in 1976. Understanding the cultural-historical context for these forces …

Better Regulation In Europe, Jonathan B. Wiener

Faculty Scholarship

"Better Regulation" is afoot in Europe. After several transatlantic conflicts over regulatory topics such as the precautionary principle, genetically modified foods, and climate change, Europe and America now appear to be converging on the analytic basis for regulation. In a process of hybridization, European institutions are borrowing "Better Regulation" reforms from both the US approach to regulatory review using benefit-cost analysis and from European member states' initiatives on administrative costs and simplification; in turn the European Commission is helping to spread these reforms among the member states. In many respects, the Better Regulation initiative promises salutary reforms, such as wider …

Some Modest Uses Of Transnational Legal Perspectives In First-Year Constitutional Law, Neil S. Siegel

Faculty Scholarship

In this essay, Prof. Siegel identifies several uses of transnational perspectives in first-year constitutional law: (1) comparing American constitutional arrangements to those in other countries; (2) teaching international law and foreign legal experiences when relevant to U.S. litigation in the "war on terror"; and (3) examining the U.S. Supreme Court's invocations of foreign legal practices. These uses are illustrated with examples from doctrinal areas that are covered in his course. While each use serves a distinct pedagogical purpose, cumulatively they underscore the increasing importance of transnational legal perspectives in U.S. constitutional law. He concludes, however, with a cautionary note. Selectivity …

How Community Institutions Create Economic Advantage: Jewish Diamond Merchants In New York, Barak D. Richman

Faculty Scholarship

This paper argues that Jewish merchants have historically dominated the diamond industry because of their ability to reliably implement diamond credit sales. Success in the industry requires enforcing executory agreements that are beyond the reach of public courts, and Jewish diamond merchants enforce such contracts with a reputation mechanism supported by a distinctive set of industry, family, and community institutions. An industry arbitration system publicizes promises that are not kept. Intergenerational legacies induce merchants to deal honestly through their very last transaction, so that their children may inherit valuable livelihoods. And ultra-Orthodox Jews, for whom participation in their communities is …

Truth And Terror: A Text-Oriented Analysis Of Daniel 8:9-14, Martin T. Pröbstle

Dissertations

Daniel 8:9-14 constitutes the climax of the vision report in Dan 8, and is arguably one of the most difficult Danielic passages. This dissertation investigates the Masoretic Text of Dan 8:9-14 by means of a detailed and comprehensive text-oriented analysis that utilizes linguistic, literary, and intertextual procedures.

In chapter 1, an overview of modern text-oriented approaches and the review of recent literature on Dan 8 pave the way for a description of this study's methodology, which consists of a combination of linguistic (syntax, semantics, and text-grammar), literary (style and structure), and intertextual approaches (textual relations within the book of Daniel), …

A Comparative Investigation Of The Concept Of Nature In The Writings Of Henry M. Morris And Bernard L. Ramm, Andrew M. Mutero

Dissertations

The study examines two major contrasting theological accounts of nature within the contemporary North American Evangelical community as articulated by Henry Morris and Bernard Ramm. In doing so, the dissertation analyzes nature considered diachronically in three epochs namely: (1) Natura Originalis (the origin of nature); (2) Natura Continua (the contemporary status of nature); and (3) Natura Nova (the future of nature).

The purpose of this research is to discover, describe, analyze, and compare the shape of the two contrasting concepts of nature articulated respectively by Morris, a strict concordist and a special creationist and Ramm, a broad concordist and a …

0749: Nelson Slade Bond Collection, 1920-2006, Marshall University Special Collections

Guides to Manuscript Collections

Nelson Slade Bond had a varied writing career that spanned 70 years. Primarily known for science fiction short stories, Bond also wrote plays, radio and television scripts, newspaper and magazine articles, poetry, public relations material, and books. The collection reflects the author's professional and personal lives consisting of writings, correspondence, business papers and financial records from 1925 to 2005. The collection was donated in four installments during and after Bond’s life from April 2006 to September 2007. The order in which the materials were received is maintained with only minor modifications. Input from Nelson Bond and his family members was …

Academic Performance And Engagement Of Educational Opportunity Program Students In A College Algebra Extended Class At The State University Of New York, New Platz, Courtney Anthony Pindling

Dissertations

Problem

The purpose of this study was to describe the academic performance of a group of Educational Opportunity Program (EOP) students in a College Algebra Extended Program (CAEP) at the University of New York, New Paltz. Generally, EOP students are admitted with low mathematics placement scores. In the past, they would have been required to do remedial math. However, since college remedial math is no longer available, the CAEP was implemented to remedy this problem. This study was conducted to examine how a small group of EOP students performed in this course.

Method

A descriptive research design was used to …

The Complex Links Between Governance And Biodiversity, C. Barrett, C. Gibson, B. Hoffman, Mathew D. Mccubbins

Faculty Scholarship

We argue that two problems weaken the claims of those who link corruption and the exploitation of natural resources. The first is conceptual. Studies that use national level indicators of corruption fail to note that corruption comes in many forms, at multiple levels, and may or may not affect resource use. Without a clear causal model of the mechanism by which corruption affects resources, one should treat with caution any estimated relationship between corruption and the state of natural resources. The second problem is methodological: Simple models linking corruption measures and natural resource use typically do not account for other …

The Journey Of Economic Literacy & Self-Sufficiency, Joanne Kilgour Dowdy, Sunny-Marie Birney

Journal of Pedagogy, Pluralism, and Practice

No abstract provided.

Matrix Metalloproteinase-9 Amplifies The Immune Response To Pseudomonas Aeruginosa Corneal Infection, Sharon A. Mcclellan, Xi Huang, Ronald P. Barrett, Shahrzad Lighvani, Yunfan Zhang, Dawn Richiert, Linda D. Hazlett

Peer Reviewed Articles

PURPOSE. The purpose of this study was to determine the role of matrix metalloproteinases (MMP) in Pseudomonas aeruginosa keratitis.

METHODS. Gene array and selective real-time PCR examined MMP expression in the cornea of susceptible (C57BL/6, B6) versus resistant (BALB/c) mice before and after infection; zymography tested enzyme activity for MMP-2 and -9. Clinical score, Langerhans cell (LC), and Neutrophil (PMN) quantitation were done in recombinant (r) MMP-9, antibody neutralized, and MMP-9^−/− mice. The chemotactic potential of MMP-9 was tested in a Boyden chamber assay; light and transmission microscopy and immunostaining for collagen IV and MMP-9 were used …

‘No Net Loss’ - Instrument Choice In Wetlands Protection, James Salzman, J.B. Ruhl

Faculty Scholarship

While not a high priority issue for most people, the public has long recognized the general importance of wetlands. Since President George H.W. Bush's campaign in 1988, successive administration have pledged to ensure there would be "no net loss" of wetlands. Despite these continuous presidential pledges to protect wetlands, in recent decades, as more and more people have moved to coastal and waterside properties, the economic benefits from developing wetlands (and political pressures on obstacles to development) have significantly increased. Seeking to mediate the conflict between no net loss of wetlands and development pressures, the U.S. Environmental Protection Agency (EPA) …

Paideia: The Learning Of Values And The Teaching Of Virtue In Public Education, Lawrence Kimmel

Philosophy Faculty Research

In public discourse about education there has always been conflict over the question of teaching values in school, and not without reason. But the civility of that discourse has now been stretched to its breaking point. The nation has become more and more deeply divided about questions of moral values and self proclamations of exclusive morality have become the standard fare of political warfare. While perhaps most ardently pressed by the “fundamentalist Right” in politics, polarization of positions is manifest on all sides. In light of the past four years of a presidency committed to a constituency that relentlessly presses …

Research And Theory Based Staff Training Manual : School Aged Children (K-3), Nicole Mittlestadt

Honors Capstones

This project was designed to examine and research children from kindergarten to third grade. The focus of the research was on children's developmental domains, guidance techniques, and theory. The purpose of this project was to create a training manual that informs the reader on how to work with school-aged children. The manual gives vital information on each developmental domain of school-aged children, how communicate with children and families based on research and theory, guidance techniques, needs of children with chronic diseases, first aid information, nutrition, and DCFS rules and regulations. The final project is a complete manual on working with …

Discovery: The Student Journal Of Dale Bumpers College Of Agricultural, Food And Life Sciences - Volume 7 2006, Several Authors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Instructions For Authors, Discovery Editors

Discovery, The Student Journal of Dale Bumpers College of Agricultural, Food and Life Sciences

No abstract provided.

Washington University Magazine, Fall 2006

Washington University Magazine

No abstract provided.