Digital Commons Network^™

Some Animals Are More Equal Than Others: The Rehnquist Court And "Majority Religion", Garrett Epps

All Faculty Scholarship

The Rehnquist court began a revolution in the law of church and state that the Roberts Court may continue. This article analyzes Justice Scalia's rhetoric in dissents in Lee v. Weisman and McCreary County v. American Civil Liberties Union to suggest that the aim of the revolution, having been first enunciated as "equality" for religions values and expression, has now shifted to transformation of the Establishment Clause dialogue to permit a favored place in public life for "majority religion."

Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.

That Pernicious Pop-Up, The Prima Facie Case, Michael Hayes

All Faculty Scholarship

This article first explains the role the prima facie case has played in discrimination cases, from its creation in McDonnell Douglas through the Supreme Court's decisions in Aikens and Reeves, up to the application of Reeves by lower courts in the past several years. Next, this article focuses on Reeve's identification of "strength of the prima facie case" as a factor to be considered on summary judgment, and discusses why it would be unwise and unworkable to interpret the words "prima facie case" in that factor as having the same meaning as the "prima facie case" proved in the first …

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

All Faculty Scholarship

Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …

Internet Cookies: When Is Permission Consent?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

J Am Coll Dent 2006 73 1

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

The Size Of Cartel Overcharges: Implications For U.S. And Ec Fining Policies, John M. Connor, Robert H. Lande

All Faculty Scholarship

The purpose of this article is to examine whether the current cartel fine levels of the European Union (EU) and the United States are at the optimal levels. We collected and analyzed the available information concerning the size of the overcharges caused by hard-core pricing fixing, bid rigging, and market allocation agreements. Data sets of United States cartels were assembled and examined. These cartels overcharged an average of 18% to 37%, depending upon the data set and methodology employed in the analysis and whether mean or median figures are used. Separate data sets for European cartels also were analyzed, which …

Investigation Of The Joint Probability Of Waves And High Sea Levels Along The Cumbrian Coastline, Dominic Paul Hames

Other Faculty of Science and Engineering Theses

The use of joint probability techniques for wave heights and sea levels to estimate potential damage and overtopping of flood defences is of vital importance in coastal defence work. Without the use of joint probability techniques, confidence in the appropriate design conditions are poor, and defences could be built to an incorrect design standard. This has the potential effect of a coastal or estuary scheme being under-designed, and therefore not suitable for the purpose it was built for or over-designed, and therefore built to a much greater cost than required. With no research having considered the joint probability relationship between …

Using Organisational Learning Theory As A Means Of Mobilising Knowledge Resources In The Control Of Infection, Andy Nichols

Other Faculty of Arts, Humanities and Business Theses

This research investigates learning and infection control knowledge within hospitals in the United Kingdom (UK). Fundamental infection control practices are not always carried out by clinical staff caring for patients, as a result infections are transmitted (Pittet et al 2000). Failure to carry out infection control practices may reflect a division between the espoused and actual practice of clinicians (Huzzard and Ostergren 2002). This division may be contributed to by infection control teams and educationalists relying on classroom based, pedagogic teaching and failing to investigate the value of other learning theories (Courtney 1998). This study is based upon an investigation …

Church Monuments Of Devon And Cornwall C1660-C1730, Clive James Easter

Other Faculty of Arts, Humanities and Business Theses

This thesis is concerned with an analysis of church monuments in the south west peninsular counties in the period 1660-1730 and sees the monument within this region as a culturally significant object that has hitherto been largely ignored. The focus of this thesis is an analysis of the monuments themselves based on a photographic archive. This is complemented by an examination of wills and the requests for monument and other status indicators contained in those documents. The thesis also considers how the placement of the monument is an indication of social status or status pretensions and how the materials used …

The Navy As The Ultimate Guarantor Of Freedom In 1940?, Anthony John Cumming

Other Faculty of Arts, Humanities and Business Theses

The widely held public view that Britain was saved from invasion during 1940 because the RAF denied the Luftwaffe control of the air is challenged here. Although the heroism of `the few' is not in question, the ability of Fighter Command to act as a serious physical barrier to German plans is refuted with the Luftwaffe holding the initiative between 24 August and 6 September and its ability to bomb Britain by night for months virtually unopposed. Archival and other evidence show that even without adequate fighter cover, the Royal Navy retained considerable potential to resist German air attacks on …

Liberty Horses (A Novel): Narrative And Cultural Analysis In Postmodern English And American Texts, David James Humphrey

Other Faculty of Arts, Humanities and Business Theses

This thesis comprises an original work of fiction, entitled Liberty Horses, and a commentary which explores and compares postmodern English and American fiction, locating my own creative writing practice in that field of contemporary writing. My original work of fiction, Liberty Horses, is divided into two parts, being `Part One: Liberty Horses' and `Part Two: Dreamland'. The critical section of this thesis is divided into three chapters. Chapter One, `American Postmodernism', shows how American writers, such as Richard Brautigan, William Gaddis and Don DeLillo, continually re-interpreted American fiction in regard to its Anglo-American tradition and explored the nature of Consumerism …

Harmonic Intonation And Implication (Analyses And Compositions): Harmonic Perception And Intonation In The Reception And Performance Of Alternative Tuning Systems In Contemporary Composition, John Paul Swoger-Ruston

Other Faculty of Arts, Humanities and Business Theses

Most composers and theorists will acknowledge that some compromise is necessary when dealing with the limitations of human performance, perception, and the realities of acoustic theory. Identifying the thresholds for pitch discrimination and execution is an important point of departure for defining workable tuning schemes, and for training musicians to realise compositions in just intonation and other alternative tuning systems. The submitted paper 'HARMONIC INTONATION AND IMPLICATION (ANALYSES AND COMPOSITIONS): Harmonic perception and intonation in the reception and performance of alternative tuning systems in contemporary composition' is a phenomenological study of harmonic perception and intonation through the analysis of recordings, …

Development Of An Ontology Based Forensic Search Mechanism: Proof Of Concept, Jill Slay, Fiona Schulz

Journal of Digital Forensics, Security and Law

This paper examines the problems faced by Law Enforcement in searching large quantities of electronic evidence. It examines the use of ontologies as the basis for new forensic software filters and provides a proof of concept tool based on an ontological design. It demonstrates that efficient searching is produced through the use of such a design and points to further work that might be carried out to extend this concept.

Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota

Journal of Digital Forensics, Security and Law

With the proliferation of digital based evidence, the need for the timely identification, analysis and interpretation of digital evidence is becoming more crucial. In many investigations critical information is required while at the scene or within a short period of time - measured in hours as opposed to days. The traditional cyber forensics approach of seizing a system(s)/media, transporting it to the lab, making a forensic image(s), and then searching the entire system for potential evidence, is no longer appropriate in some circumstances. In cases such as child abductions, pedophiles, missing or exploited persons, time is of the essence. In …

Analisis Stabilitas Dan Efektivitas Relatif Besaran Moneter Bebas Bunga Di Indonesia: Sebuah Pengujian Ekonometrik Pada Data Time Series Tahun 1971:1-2002:4, Mustafa Edwin Nasution, Mohamad Soleh Nurzaman

Jurnal Ekonomi dan Pembangunan Indonesia

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Small Is Healthy: A Guide To Promoting Health In Small Schools, Pat Pridmore, Tashmin Kassam-Khamis

Books

No abstract provided.

Relationship Between Antipyretic Effects And Cytokine Levels In Uncomplicated Falciparum Malaria During Different Treatment Regimes, Elisabeth Hugosson, Scott M. Montgomery, Zul Premji, Marita Troye-Blomberg, Anders Bjorkman

Pathology, East Africa

We have previously shown that both chloroquine and paracetamol (acetaminophen) have antipyretic activity during treatment of acute uncomplicated Plasmodium falciparum malaria in children 1-4 years old. Here, we studied if this effect was accompanied by changes in plasma cytokine levels. The 104 children were treated with either chloroquine or sulfadoxine/pyrimethamine (SP) alone, SP + chloroquine or SP + paracetamol for 4 days. Cytokine levels were determined days 0, 2 and 3, body temperature every sixth hour until 72 h and parasitemia once daily for 4 days. At admission, body temperature correlated with levels of IL-10, IFN-γ and IL-6, and parasitemia …

Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison

All Faculty Scholarship

No abstract provided.

Investigating The Processing Style Account Of The Effects Of Naval Processing On Face Recognition Performance, Nicola Jane Weston

School of Psychology Theses

Engaging in Navon processing prior to face recognition influences recognition performance (Macrae & Lewis, 2002; Perfect, 2003; Weston & Perfect, 2005). Past research has shown that global Navon processing can improve face recognition accuracy whereas local Navon processing impairs it. One explanation, and the dominant one in the literature, is that the Navon letter task elicits holistic and featural processing styles which map onto the holistic and featural processing used in face recognition. However, this theory has not been extensively tested in the literature. This thesis investigates whether processing style can explain the effects caused by the Navon letter task, …

A Study Of Environmental Justice In Relation To Air Pollution And Income, Christian A. Malveaux

UNLV Theses, Dissertations, Professional Papers, and Capstones

The purpose of this paper is come to a conclusion on whether or not air pollution and income levels are connected. There is an ongoing pollution problem in Las Vegas. The question that will be attempted to answer in this is paper is: Is there a difference in the amount of air pollution in affluent parts of the Las Vegas Valley and the less affluent parts of the valley? Information and data regarding air pollution is gathered from the Clark County website and other literature. Information on income levels is gathered from journals and literature pertinent to the subject and …

Daily Drawing And Writing Activities In A Preschool Classroom, Lynn Glaser

Graduate Research Papers

This literature review examined the effect of providing daily drawing and writing activities in a preschool classroom. Benefits, as well as concerns, were discussed. Guidelines were presented to help with establishing a classroom environment that would provide daily drawing and writing activities for children in a preschool classroom. Conclusions were also drawn from the literature and recommendations were made to assist administers and teachers with establishing a program that supports daily drawing and writing activities.

The Factors Preventing The Successful Implementation Of A Middle Level Advisory Program At One Middle School, Gina Grasso Leonard

Graduate Research Papers

This study investigated the feelings and conceptualizations about Advisory Programs of the teachers at one middle school in Southeast Iowa. Interviews were conducted to uncover the teachers' thoughts and perceptions on Advisory Programs at their middle school. The collected data was then evaluated and recommendations were made.

Character Education, Kim Slater

Graduate Research Papers

Character education has been a topic that has been heavily talked about in many schools across the United States. This article presents the purpose and goals of character education in our school systems. Many issues and concerns are brought to educators' attentions when discussing the role character education plays. Issues and concerns such as teacher time and responsibility, proper way to teach Character Education, parents as partners, and religion and cultural differences are discussed in this article as well as the importance Character Education has on the lives of all students.

The Value Of Black And White In An Era Of Color: A Textual Analysis Of Black And White Illustrations In Picture Books, Theresa Forret

Graduate Research Papers

Children's picture books have aesthetic, personal, and educational value. The illustrations within picture books may capture the attention of young readers, create a positive attitude toward books and reading, enhance the story, and may assist with comprehension. A majority of the children's picture books published today are illustrated with bright, vibrant colors. Books illustrated in black and white are less common and perhaps less appealing to children. This study investigated three questions. Are there identifiable commonalities within the visual elements in black and white picture book illustrations? Are there commonalities and patterns in the mood, genre, and setting of picture …

Having One's Property And Eating It Too: When The Article 9 Security Interest Becomes A Nuisance, Lawrence Ponoroff, F. Stephen Knippenberg

Faculty Articles

No abstract provided.

Rehabilitation Act - Call It Aid, Call It Help, But Don't Call It Federal Financial Assistance: Shotz V. American Airlines, Inc., Theodore M. Foster

Journal of Air Law and Commerce

No abstract provided.

The Airlines: Destined To Fail, Richard D. Cudahy

Journal of Air Law and Commerce

No abstract provided.

Aviation Law - D.C. Circuit Allows Stage 2 Noise Restriction Yet Defers To Faa's Interpretation Of Anca: City Of Naples Airport Authority V. Federal Aviation Administration, Nellie Strong

Journal of Air Law and Commerce

No abstract provided.

Airline Liability - The Warsaw Convention - United States District Court Of The Southern District Of California Holds That The Passenger May Bring Suit In The United States Because It Is Klm's Place Of Business Through Which The Contract Was Made: Polanski V. Klm Royal Dutch Airlines, Rebecca Tillery

Journal of Air Law and Commerce

No abstract provided.