Digital Commons Network^™

Auditing Executive Discretion, Mariano-Florentino Cuellar

Notre Dame Law Review

Executive branch officials routinely make thousands of decisions affecting public security and welfare. While it is rare that such discretionary decisions are entirely immune from some kind of judicial review, the courts' role is often so circumscribed or deferential that in some domains the probability of uncovering problems through such review almost certainly falls close to zero. The resulting amount of executive discretion carries considerable risks along with rewards. Some discretionary decisions undoubtedly benefit from the speed and flexibility associated with limits on judicial review. Yet judicial review's evisceration as a tool to restrain certain forms of discretion also makes …

The Impact Of Multiple Fluency Interventions On A Single Subject, Jennifer Morra, Diane H. Tracey

Reading Horizons: A Journal of Literacy and Language Arts

This study investigates the effectiveness of multiple fluency interventions on a single subject in grade three. Fluency interventions, including choral reading, echo reading, repeated reading, audio book modeling, and teacher modeling were implemented over a period of eight weeks. Results indicated that using multiple fluency strategies, rather than a single fluency strategy as is usually investigated, was positively associated with improvement in oral reading

Investigating Connections Between Teacher Beliefs And Instructional Practices With Struggling Readers, Sherry W. Powers, Cassie Zippay, Brittany Butler

Reading Horizons: A Journal of Literacy and Language Arts

This study examines and describes the changes in four teachers' beliefs and practices in literacy and literacy assessment over the course of a yearlong graduate level clinical experience. Four teachers who worked in the university literacy clinic as part of their graduate course work participated in this study. Two of the four teachers teach elementary aged pupils in a public school, another serves as a reading resource educator at a public elementary school, and the fourth teaches high school-aged students at an alternative school associated with a public school. Findings indicate that teacher beliefs and their classroom instruction are often …

Refuge Update – November/December 2006, Volume 3, Number 6

RefugeUpdate (USFWS-NWRS)

Table of Contents:

Least Bell’s Vireos Are Back, page 3 San Joaquin River National Wildlife Refuge hosted totally unexpected residents last year.

Managing Ocean Wildlife, page 5 A new agreement should help in managing marine resources.

Focus on . . . Endangered Species, pages 10-21 Whether it’s the fastest land mammal or the tiniest mussel, refuges work on behalf of endangered species.

Peeping at Peeps, page 24 Shorebirds can be tough to identify. Classroom and fields trips helped.

What's Happening: November, 2006, Maine Medical Center

What's Happening

No abstract provided.

'How's My Driving?' For Everyone (And Everything?), Lior Strahilevitz

Articles

This is an Article about using reputation-tracking technologies to displace criminal law enforcement and improve the tort system. The Article contains an extended application of this idea to the regulation of motorist behavior and examines the broader case for using technologies that aggregate dispersed information in various settings where reputational concerns do not adequately deter uncooperative behavior. The Article proposes a compulsory "How's My Driving?" program for all motor vehicles. Although more rigorous study is warranted, the initial data from voluntary "How's My Driving?" programs is quite promising, suggesting that the use of "How's My Driving?" placards on commercial trucks …

Owners And Users Unite!: Orphan Works In The Copyright Modernization Act Of 2006, Frank Muller

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Grief and Hope (Hassan Jallow)
• Thoughts on the Family: A Proclamation to the World (Annette W. Jarvis)
• The Other Side of Time (Sheila K. McCleve)
• Utah's Board of Pardons and Parole (Jane H. Wise)

Partial-Wave Expansions Of Angular Spectra Of Plane Waves, James A. Lock

Physics Faculty Publications

Focused electromagnetic beams are frequently modeled by either an angular spectrum of plane waves or a partial-wave sum of spherical multipole waves. The connection between these two beam models is explored here. The partial-wave expansion of an angular spectrum containing evanescent components is found to possess only odd partial waves. On the other hand, the partial-wave expansion of an alternate angular spectrum constructed so as to be free of evanescent components contains all partial waves but describes a propagating beam with a small amount of standing-wave component mixed in. A procedure is described for minimizing the standing-wave component so as …

Beholding The Beauty Of Self: The Psychological Integration Of The Afrocentric-Self Among African-American Females Socialized In A Eurocentric Aesthetic, Donna Lynn Cook Phd

Dissertations

Self-esteem and body image disturbances prominently figure into many physical and psychological health disorders such as depression, eating disorders, anxiety disorders, and chemical dependency. In Euro-American culture, media images of femininity and physical attractiveness reinforce generally held perceptions of the idealized female beauty as tall, white, slender, and often blond and blue eyed. The physical morphology of African-American women does not genetically "fit" this westernized standard of beauty with implications for their mental health. The socialization of African-American women in a culture that embraces a different ethnic standard of beauty influences their perceptions of how physically attractive they see themselves. …

A Typology Of Plants In Global Manufacturing Networks, Ann Vereecke, Roland Van Dierdonck, Arnoud De Meyer

Research Collection Lee Kong Chian School Of Business

The purpose of this paper is to propose a new, empirically derived typology of plants in the international manufacturing network of multinational companies. This typology is based on the knowledge flows between the plants. In our research, network analysis has been used as a methodology for understanding the position of plants in international manufacturing networks. The focus has been primarily on the intangible knowledge network, and secondarily on the physical, logistic network. Our analysis leads to four types of plants with different network roles: the isolated plants, the receivers, the hosting network players, and the active network players. Our analysis …

Choice Of Currency By East Asia Bond Issuers, David Fernandez, Simon Klassen

Research Collection Lee Kong Chian School Of Business

In discussing bond markets in Asia, academics and policymakers typically begin by noting that the Asian crisis of 1997-98 in part resulted from the underdevelopment of the region’s domestic bond markets and the resultant currency and duration mismatches. When assessing the progress made in developing these markets in the post-crisis years, academics and policymakers usually observe that, while several domestic currency government bond markets have moved ahead, corporate bond markets have lagged (Asian Development Bank (2002), Reserve Bank of Australia (2003)). The policy conclusion is therefore often drawn: to prevent another Asian crisis, Asian bond markets must be further developed.

The Procompetitive Interest In Intellectual Property Law, Thomas F. Cotter

William & Mary Law Review

When government recognizes intellectual property (IP) rights, it is often viewed as sanctioning the existence of private "monopolies," in contrast to the general antimonopoly thrust of the antitrust laws. And yet, on occasion IP law itself condemns conduct on the part of IP owners-or excuses otherwise infringing activity on the part of IP defendants-expressly for the purpose of promoting competition. It does so even though antitrust law -if one were to apply it at all under analogous circumstances-would not find anticompetitive harm without conducting a more thorough analysis of whether the antitrust defendant possesses power over a well-defined market. Salient …

Is There Propitious Selection In Insurance Markets?, Tsvetanka Karagoyozova, Peter Siegelman

Economics Working Papers

The theory of adverse selection in insurance markets has been enormously influential among scholars, regulators, and the judiciary. But empirical support for adverse selection has been much less persuasive, and several recent studies have found little or no evidence of such selection in insurance markets. "Propitious" (advantageous) selection offers an alternative mechanism that is consistent with these empirical findings. Like adverse selection, the theory assumes that insureds have an informational advantage over insurers. However, propitious selection relies on the plausible assumption that risk aversion is negatively correlated with the riskiness or probability of loss across insureds - the more risk-averse …

Is The Compensation Model For Real Estate Brokers Obsolete?, Thomas J. Miceli, Katherine A. Pancak, C. F. Sirmans

Economics Working Papers

This study examines the traditional compensation model for real estate brokers under which both the listing and buyer brokers are paid by the seller based on a percentage of the property sales price. We argue that this model has not evolved to reflect contemporary legal agency relationships and technology-driven information availability. It therefore creates substantial transactional inefficiencies for buyers and sellers at both the matching and bargaining stages of a transaction. While there is evidence that market forces are pushing for a change in the status quo, there is also evidence that the brokerage industry is resisting this change by …

Clinical Faculty Development: Using Simulation To Demonstrate And Practice Clinical Teaching, Lorretta C. Krautscheid, Joanna Kaakinen, Joanne Rains Warner

Faculty Publications - College of Nursing

Students spend more time in clinical settings with smaller student-to faculty learning ratios than in the didactic setting, yet many clinical faculty have had little exposure to evidence-based teaching strategies and learning theories. Orientation for newly employed clinical faculty, whether novices or experienced teachers, typically focuses on the details of running the clinical experience and not on teaching and learning. Multiple barriers for clinical faculty limit the ability to provide consistent and comprehensive education. The purpose of this article is to share the use of simulation as a strategy to prepare and support clinical faculty in their teaching role.

Using Coupled Eulerian And Lagrangian Grids To Model Explosive Interactions With Buildings, Braden Lusk, William P. Schonberg, Jason Baird, Robert S. Woodley, Warren Noll

Mining Engineering Faculty Research & Creative Works

This paper presents the development of a computational model that can be used to study the interactions between structures and detonating explosives contained within them. This model was developed as part of an effort to develop a rubble characterization model for use in AmmoSIM, an agent based urban tactical decision aid (UTDA) software for weapon-target pairing. The rubble pile created following the collapse of a building in a combat situation can significantly impact mission accomplishment, particularly in the area of movement and maneuver. The information provided by AmmoSIM will enable both platoon level and command center staff to make informed …

Cave Research Foundation Newsletter, Volume 34, No. 4, November 2006, William Payne

Cave Research Foundation Newsletter

Contents: A Sad Story (Attn: Old Timers) -- 50th Anniversary -- Wanted: Spelee Hut Photos -- Regional Expedition Reports -- 2006 Expedition Calendar -- Cave Books

Market Valuation Of Convertible Securities Of U.S. Airlines, Kseniya P. Beltsova

Master's Theses - Daytona Beach

The airlines have enormous needs for capital. Historically, capital spending was accountable for about 15 percent of annual airline revenues, more than double the average for manufacturing companies (Arpey, 1995). Access to capital is essential to the long-term viability and growth of the airline industry especially due to the capital-intensive nature of its business. However, highly cyclical nature of the airline business and its severe dependence on general economic condition make investments in the industry risky and uncertain. The airline's junk bond credit rating and enormous amounts of debt result in extremely high costs of capital. In addition, the airlines …

Right To Rest In Peace: Missouri Prohibits Protesting At Funerals, The, Megan Dunn

Missouri Law Review

The Westboro Baptist Church, led by Fred Phelps and based in Topeka, Kansas, has received national attention since the early 1990s, when members of this vehemently anti-homosexual group began actively protesting events involving prominent homosexual people. Eventually, these protests grew to include people who were even marginally supportive of homosexuality. While these protests incited outrage among various groups of people, no widespread effort was made to limit the group's ability to protest at such events. In 2005, however, the group expanded its targets to include military funerals, maintaining that God was killing soldiers in Iraq because of His displeasure with …

Monthly Accomplishments For Turnbull National Refuge, November 2006, Turnbull National Wildlife Refuge

Turnbull National Wildlife Refuge Reports

A monthly report of accomplishments at Turnbull National Wildlife Refuge written by Project Leader Nancy Curry.

2006 Vol. 55 No. 2, Cleveland-Marshall College Of Law

2000s

No abstract provided.

Design For Experiencing And User Involvement In The Product-Service Development Process, Jongho Lee, Vesna Popovic, Kun-Pyo Lee

DRS Biennial Conference Series

This study explores the integration of users into the design process. The research is related to participatory design and ‘designing for experiencing’. It challenges traditional designers to work closer with users. There are several projects done by adapting current participatory design tools and approaches into the new product-service development process. However, conflicts and misunderstanding about their contribution still exist. Thus, the aims of this research are (i) to investigate the functions of the participatory design tools by observing the interactive mechanisms between users and designers during the participatory or co-design process; and (ii) to study how and to what extent …

The Daily Gamecock, Wednesday, November 1, 2006, University Of South Carolina, Office Of Student Media

November

No abstract provided.

Volume 13, Number 2 (Fall 2006), Peace And Conflict Studies

Peace and Conflict Studies

No abstract provided.

An Examination Of The Determinants And Contents Of Corporate Voluntary Disclosure Of Management's Responsibilities For Financial Reporting, Samir M. El-Gazzar, James M. Fornaro, Rudy A. Jacob

Faculty Working Papers and Articles

The Sarbanes-Oxley Act (S-O Act) of 2002 requires principal officers to certify under oath to the veracity of information contained in SEC filings and opine on the effectiveness of the internal control system. This study examines the determinants and contents of corporate voluntary disclosure of management's responsibilities during the five-year period preceding the S-O Act. We predict that the voluntary disclosure of management's responsibilities for financial information signals certain incentives and characteristics of the reporting firm that are relevant to financial statement users and regulators. Consistent with our predictions, our findings reveal significant differences between issuing and non-issuing firms as …

Atomistic Simulation Of Nanowires In The Sp3d5s* Tight-Binding Formalism: From Boundary Conditions To Strain Calculations, Mathieu Luisier, Andreas Schenk, Wolfgang Fichtner, Gerhard Klimeck

Birck and NCN Publications

As the active dimensions of metal-oxide field-effect transistors are approaching the atomic scale, the electronic properties of these “nanowire” devices must be treated on a quantum mechanical level. In this paper, the transmission coefficients and the density of states of biased and unbiased Si and GaAs nanowires are simulated using the sp3d5s* empirical tight-binding method. Each atom, as well as the connections to its nearest neighbors, is represented explicitly. The material parameters are optimized to reproduce bulk band-structure characteristics in various crystal directions and various strain conditions. A scattering boundary method to calculate the open boundary conditions in nanowire transistors …

Atomistic Simulations Of Long-Range Strain And Spatial Asymmetry Molecular States Of Seven Quantum Dots, Marek Korkusinski, Gerhard Klimeck

Other Nanotechnology Publications

Coherent coupling and formation of molecular orbitals in vertically coupled quantum-dot molecules is studied for a seven-dot InAs/GaAs system. The electron states are computed using a nanoelectronic modelling tool NEMO-3D. The tool optimizes atomic positions in the sample with up to 64 million atoms in the frame of the atomistic VFF model. The resulting optimal interatomic distances are then used to formulate the 20-band sp3d5s* tight-binding Hamiltonian defined on a subdomain large enough to guarantee a correct treatment of confined orbitals. It is found that in the absence of strain (VFF optimization turned off), a clear and highly symmetric miniband …

Student Pilot Situational Awareness: The Effects Of Trust In Technology, Yoko Kunii

Master's Theses - Daytona Beach

The purpose of this research was to evaluate the general level of trust in technology in student pilots and then to determine the relationship between pilots' trust and their situational awareness during simulated flight. A literature review revealed that the Jian Trust Scale was based on empirical observations and had precedence in the literature so it was selected. Since excessive reliance on technology can make the operator passive and unquestioning, ultimately loss of situational awareness may result. The main hypothesis tested was to establish the relationship between measurements of trust on the ground and situational awareness in simulated flight; pilots …

Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry

Faculty Scholarly Works

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.