Digital Commons Network^™

Regulating The Commander In Chief: Some Theories, Saikrishna Prakash

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

The War Powers Outside The Courts, William Michael Treanor

Indiana Law Journal

Symposium: War, Terrorism and Torture: Limits on Presidential Power in the 21st Century. Convened by the American Constitution Society for Law and Policy and the Indiana University School of Law- Bloomington, prominent legal scholars, human rights advocates and government lawyers gathered in Bloomington on October 7, 2005.

The Federal Courts Of Appeals, Unpublished Decisions, And The "No-Citation Rule", Dione Christopher Greene

Indiana Law Journal

No abstract provided.

Bridges, Girl Scouts Of Gateway Council

Florida Blue Archives Printed Materials

No abstract provided.

Caroliniana Columns - Fall 2006, University Libraries--University Of South Carolina

University South Caroliniana Society Newsletter - Columns

Contents:

Cultural Hearth: A Conference Celebrating William Gilmore Simms at the South Caroliniana Library..... p.1
New Digital Collection Features South Carolina Scenes..... p.2
Consortium of Cultural Heritage Institutions Wins IMLS Grant..... p.2
Report from the Director..... p.3
As Good as Gold: Library Volunteer Harvey Teal..... p.4
Report from the President..... p.4
Winthrop University Archives Named for Louise Pettus..... p.5
Society Honors Liz Patterson..... p.5
Introducing … Terence Johnson..... p.5
The University South Caroliniana Society’s 71st Annual Meeting (announcement)..... p.5
South Carolina Lawyer—Virginia Farmer(Robert Beverley Herbert, 1879–1974)..... p.6
Robert Beverley Herbert Papers, 1879–1974..... p.7
Rhett Jackson Receives Honors..... p.9
Tales of …

Private Law And State-Making In The Age Of Globalization, Daniela Caruso

Faculty Scholarship

The rise of post-national entities, such as the institutions of the European Union and of free-trade regimes, bears no obvious relation to the traditional pillars of western private law (mostly contracts, torts, and property doctrines). The claim of this article is that the global diffusion of private law discourse contributes significantly to the emergence of new centers of authority in the global arena. The article tests the impact of private law arguments in three contexts - the growing legitimacy of regional human rights adjudication, the consolidation of the institutions of the European Union, and the higher binding force of international …

Warming Up With An Ice Vest: Core Body Temperature Before And After Cross-Country Racing, J. Ty Hopkins, Iain Hunter, Douglas J. Casa

Faculty Publications

Context: Athletes running in a hot, humid environment may have an increased risk of heat illness. In the 2004 Olympic Games, American and Australian athletes were provided with ice vests designed to cool their bodies before performance. The vest appeared to be effective in keeping body temperatures down and improving the performance of the marathoners. However, body temperatures have not been reported when the vest was used before an actual competition. Objective: To determine if wearing the Nike Ice-Vest decreased core temperature (Tc) before and during athletic performance in warm (26°C to 27°C), humid (relative humidity = 50% to 75%) …

Effects Of Gap Open And Gap Extension Penalties, Hyrum Carroll, Mark J. Clement, Perry Ridge, Quinn O. Snell

Faculty Publications

Fundamental to multiple sequence alignment algorithms is modeling insertions and deletions (gaps). The most prevalent model is to use gap open and gap extension penalties. While gap open and gap extension penalties are well understood conceptually, their effects on multiple sequence alignment, and consequently on phylogeny scores are not as well understood. We use exhaustive phylogeny searching to explore the effects of varying the gap open and gap extension penalties for three nuclear ribosomal data sets. Particular attention is given to optimal phylogeny scores for 200 alignments of a range of gap open and gap extension penalties and their respective …

Presumptive Adaptation And The Effectiveness Of Knowledge Transfer, Robert J. Jensen, Gabriel Szulanski

Faculty Publications

Adaptation is almost invariably accompanies the cross-border transfer of firm specific practices. The existing literature contains two conflicting approaches to adaptation. The first, more traditional approach, following institutional, motivation, and pragmatic efficiency considerations, presumes that a modified practice can be fine-tuned, stabilized, and institutionalized without consulting a working example and that practices should thus be adapted as quickly as possible to create fit with the local environment. The second approach argues, instead for the need to maintain the diagnostic value of the original practice by adapting cautiously and gradually. In this paper, we report an in-depth field investigation of the …

Tips For Working With Children And Youth With Disabilities, Mary Anne Prater

Faculty Publications

The following is adapted from a presentation at the 2006 BYU Women's Conference by Mary Anne Prater, PhD, chair of the Department of Counseling Psychology and Special Education. All children deserve to learn. Children with disabilities have needs as well as different learning styles that parents and teachers need to be aware of. When we understand what each student needs and how we can provide a positive learning environment, we can facilitate all children's learning and growth.

The Demise Of Federal Takings Litigation, Stewart E. Sterk

Articles

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

Good To Great, Scott Moncrieff

Faculty Publications

No abstract provided.

Econometric Evidence Regarding Education And Border Income Performance, Christa Almada, Lorenzo B. González, Patricia S. Eason, Thomas M. Fullerton Jr

Mountain Plains Journal of Business and Technology

This study examines the relationship between education and income in Texas counties that are located along the border with Mexico. Estimation results confirm earlier research for this region. Parameter heterogeneity underscores the increased importance of education in the service-oriented labor that has emerged in recent years in the United States. Simulation results quantify the income gains that could potentially be observed if drop out rates were lowered in the border counties included in the sample.

Mcnair News, Volume 1, Number 1, Fall 2006

McNair News: Newsletter of the University of Nebraska–Lincoln McNair Scholars Program

Scholars Present Research at Berkeley McNair Symposium
McNair by the Numbers
Meet the 2006-2007 McNair Scholars
Where Are They Now?
UNL’s McNair Team
McNair Fall Event Calendar
Scholar Spotlight on MinJeong Schneider
McNair Tip: Choosing the Right Graduate Program
Do You Know Someone Who Might Be McNair Material?

Observations On The Folly Of Using Student Evaluations Of College Teaching For Faculty Evaluation, Pay, And Retention Decisions And Its Implications For Academic Freedom, William Arthur Wines, Terence J. Lau

William & Mary Journal of Race, Gender, and Social Justice

Research on student teaching evaluations is vast. An examination of this research demonstrates wide disagreements but also substantial consensus of authority for the proposition that student evaluations should be used only with extreme care, if at all, in making personnel decisions. A number of reasons cause administrators to use teaching evaluations for personnel decisions. The literature, however, is virtually unanimous in its condemnation of norming student evaluations in order to rank classroom performances. Current cases on academic freedom indicate some retrenchment by the Circuits from broader pronouncements in earlier Supreme Court cases. This paper concludes that the use of non-validated …

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Design And Analysis Of A Class-Aware Recursive Loop Scheduler For Class-Based Scheduling, Raphael Rom, Moshe Sidi, Hwee-Pink Tan

Research Collection School Of Computing and Information Systems

In this paper, we consider the problem of devising a loop scheduler that allocates slots to users according to their relative weights as smoothly as possible. Instead of the existing notion of smoothness based on balancedness, we propose a variance-based metric which is more intuitive and easier to compute.

We propose a recursive loop scheduler for a class-based scheduling scenario based on an optimal weighted round-robin scheduler. We show that it achieves very good allocation smoothness with almost no degradation in intra-class fairness. In addition, we also demonstrate the equivalence between our proposed metric and the balancedness-based metric.

Assessment Of General Education Survey Report, 2006-2007, Assessment Of Student Learning Committee

Assessment of Student Learning Reports

No abstract provided.

The Don Dance: An Expression Of Karen Nationalism, Heather Maclachlan

Department of Music Faculty Publications

How do Karen people define themselves as Karen? This question has particular import for one community in New York State—the Karen of Utica. The two hundred members of this group affirm their distinctiveness in part by celebrating a day that is special to Karen people worldwide. Since their arrival in Utica in 1999, every January they dance the don dance, a dance created and practiced only by Karen people. This article will discuss the performance of the don dance in another context: in a refugee camp in Southeast Asia, the dance functions to create and reinforce a particular ideal of …

Iii. Plaintiff's Paradise Lost: Diversity Of Citizenship And Amount In Controversy Under The Class Action Fairness Act Of 2005, Cameron Fredman

Loyola of Los Angeles Law Review

No abstract provided.

Review Of Wordsworth In American Literary Culture By Joel Scott And Matthew Pace, Angela Sorby

English Faculty Research and Publications

No abstract provided.

Achieving Balance In Graduate Programs: Negotiating Best Practices, Dawn Latta Kirby

Faculty Articles

The narrative introduction to the graduate catalogue at the state university where I work probably reads pretty much like the one at your college or university. The program of study for the masters degree specifies that inservice graduate students are to engage in an extensive study of content- related literature, theory, and research. Despite the rhetoric of graduate catalogs, teachers who enter graduate school programs begin their advanced studies, expecting- and sometimes vociferously demanding- coursework that will provide them with a practical framework for teaching English language arts in secondary schools. Their interest in studying theory and research is often …

In Search Of The Community University Student, Laura M. Villarreal

Teaching and Learning Faculty Publications

Around the first week of school, a young man stayed after class to speak to me, waiting until everyone left. Sam was in his late twenties, early thirties, a serious student in class with a permanent frown as he listened intently. He was worried about comments I had made concerning attendance and he explained that there might be times during the semester when he would have to be absent if his children were sick. He softly added that he was a single father of four small children. Several days later, I had the opportunity to ask him about his family …

Large Grain Size Stochastic Optimization Alignment, Hyrum Carroll, Mark J. Clement, Perry Ridge, Dan Sneddon, Quinn O. Snell

Faculty Publications

DNA sequence alignment is a critical step in identifying homology between organisms. The most widely used alignment program, ClustalW, is known to suffer from the local minima problem, where suboptimal guide trees produce incorrect gap insertions. The optimization alignment approach, has been shown to be effective in combining alignment and phylogenetic search in order to avoid the problems associated with poor guide trees. The optimization alignment algorithm operates at a small grain size, aligning each tree found, wasting time producing multiple sequence alignments for suboptimal trees. This research develops and analyzes a large grain size algorithm for optimization alignment that …

The Evolution And Misinterpretation Of The Establishment Clause: Is Teaching Intelligent Design In Public Schools A Governmental Endorsement Of Religion Prohibited By The First Amendment?, Mark Hilliard

University of Dayton Law Review

No abstract provided.

A Look At What The Cat Dragged In: The Problems Inherent In Ohio's Commercial Activity Tax, April L. Butler

University of Dayton Law Review

No abstract provided.

Training Extension Professionals From Developing Countries Through Educational Workshops Conducted In The United States, James C. Hanson, Dale M. Johnson, Raymond J. Miller, Darlene C. Adams

Journal of Extension

Many opportunities exist for conducting stateside professional improvement workshops to train Extension professionals from developing countries. To conduct a successful workshop it is important to understand the needs of the partner country and identify participants who can use their workshop training to address those needs. An effective workshop will have high-quality field trips, practical classroom instruction, and opportunities for cultural exchange. Pre-workshop planning and close attention to logistical issues are essential to the success of the workshop. Good evaluation of the workshop is important to measure the impacts of the workshop and provide input for improving future workshops.

Gene Flow In Complex Landscapes: Testing Multiple Hypotheses With Causal Modeling., Samuel A. Cushman, Kevin Scot Mckelvey, Jim Hayden, Michael K. Schwartz

Wildlife Biology Faculty Publications

Predicting population-level effects of landscape change depends on identifying factors that influence population connectivity in complex landscapes. However, most putative movement corridors and barriers have not been based on empirical data. In this study, we identify factors that influence connectivity by comparing patterns of genetic similarity among 146 black bears (Ursus americanus), sampled across a 3,000-km2 study area in northern Idaho, with 110 landscape-resistance hypotheses. Genetic similarities were based on the pairwise percentage dissimilarity among all individuals based on nine microsatellite loci (average expected heterozygosityp0.79). Landscape-resistance hypotheses describe a range of potential relationships between movement cost and land cover, slope, …

A Flight To Domesticity? Making A Home In The Gentlemen’S Clubs Of London, 1880–1914, Amy Milne-Smith

History Faculty Publications

In 1888 The Society Herald described the typical day of a young bachelor: “He breakfasts, lunches, dines, and sups at the club. He is always at billiards, which he doesn’t understand, he writes innumerable letters, shakes hands a dozen times a day, drinks coffee by the gallon, and has a nod for everybody. He lives, moves, and has his being within his club. As the clock strikes 1 a.m. his little body descends the stairs and goes out through the big front door like a ray of moonlight, and until the same morning at ten of the o’clock no human …

Anadromous Fish And The Lenape, Marshall Joseph Becker

Anthropology & Sociology Faculty Publications

No abstract provided.