Digital Commons Network^™

Foreword: Globe-Hopping Pharmaceuticals, Frances H. Miller

Faculty Scholarship

No abstract provided.

Learning While They Work: The Use Of Student Assistants In Two Academic Law Libraries, Ronald E. Wheeler, Stephanie Davidson

Faculty Scholarship

At the University of New Mexico School of Law Library (UNM), we are effectively using student assistants to help with the completion of faculty research projects. We find that the volume of faculty research that our library is able to complete is far greater due to the effective use of student assistants. During the calendar year 2005, our library completed over 500 research requests for the law school faculty. With only seven professional librarians, without student help, that volume of faculty research would probably not have been feasible.

Gendering The Gentrification Of Public Housing: Hope Vi's Disparate Impact On Lowest-Income African American Women, Danielle Pelfrey Duryea

Faculty Scholarship

HOPE VI must have seemed so promising. When, in 1992, the Department of Housing and Urban Development (HUD) introduced the program later dubbed "HOPE VI," replacing the country's worst public housing projects with mixed-income, mixed-use, low-density new developments while providing targeted social services to low-income residents must have seemed like a worthy pursuit indeed. America's most run-down, crime-ridden, and poverty-plagued residential properties could be transformed into "human-scale" New Urbanist streetscapes, aesthetically continuous with surrounding areas, that would inspire pride and community in their residents. Perhaps most importantly, HOPE VI's required social service component might have seemed, at last, to recognize …

Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue

All Faculty Publications

This essay explores the role of the organized legal profession in relation to British Imperialism, state formation, and independence in Nigeria. Drawing on recent works in the fields of post-colonial legal studies and cultural histories of legal professions, the paper develops an understanding of lawyering and lawyers' associations as deeply implicated in the myriad cultural projects through which law simultaneously 'civilizes' provincials and mediates between centre and locale. The paper reviews new developments in theories of legal professionalism and surveys secondary literatures of lawyers in colonial processes. It assesses the historical processes linking imperialism, law, and lawyers from the establishment …

Consolidating Pharmaceutical Regulation Down Under: Policy Options And Practical Realities, Frances H. Miller

Faculty Scholarship

Pharmaceutical regulatory agencies struggle worldwide to maintain public trust these days. Drug safety issues proliferate,' the costs of lharmaceuticals take increasingly larger shares of most countries' health service spending, and conflicts of interest afflicting the drug approval and marketing processes capture more and more public attention. The Australian and New Zealand governments are keenly aware of these problems, and have been attempting to forge a regulatory alliance to combine their respective pharmaceutical regulatory agencies, Australia's Therapeutic Goods Administration (TGA) and New Zealand's Medicines and Medical Devices Safety Authority (Medsafe), into the pending Trans Tasman Therapeutic Products Authority (ANZTPA, or TPA). …

Relationship Of Human Figure Drawing With Executive Functioning And Achievement, Julie M. Miller

Theses

The purpose of the study was to investigate the relationship between aspects of children’s human figure drawings to their executive functioning and academic achievement. Participants consisted of 80 third and fourth graders, ages 8 to 10 years, along with their parents. Correlational analysis showed no relationship between the developmental scoring of the Goodenough-Harris or Koppitz with measures of executive functioning, as measured by the Behavior Rating Inventory of Executive Functioning (BRIEF; Gioia, Isquith, Guy, & Kenworthy, 2000) and the Cognitive Assessment System (CAS; Naglieri & Das, 1997). However, Koppitz’s emotional indicators were significantly correlated with all aspects of BRIEF and …

0747: Robert C. Shank Collection, 1937-1992, Marshall University Special Collections

Guides to Manuscript Collections

Scrapbooks of activities of the Huntington, W. Va., Community Players; movie posters; some books.

New Urbanist Zoning For Dummies, Michael Lewyn

Scholarly Works

No abstract provided.

Eliminating Political Maneuvering: A Light In The Tunnel For The Government Attorney-Client Privilege, Patricia E. Salkin, Allyson Phillips

Scholarly Works

The long recognized common-law privilege afforded to certain conversations between attorneys and their clients has been the subject of troubling opinions when the lawyer and client are high ranking government officials. In a series of opinions from the 7th, 8th and D.C. Circuit Courts of Appeals, the courts refused to recognize the existence of the attorney-client privilege for the government actors under the circumstances surrounding the cases. However, recent opinions from the 2nd Circuit state that these other courts were simply wrong, setting the stage perhaps, for the U.S. Supreme Court to resolve the issue. Whether this privilege is equally …

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Scholarly Works

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Scholarly Works

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Scholarly Works

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Scholarly Works

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.

Extraction And Interaction Analysis Of Foreground Objects In Panning Video, Raja Jain

Theses

In this work, moving foreground objects are extracted from video. The video camera can be either stationary or panning. The motion information extracted from consecutive frames of video is used for object segmentation, and an appearance model of the moving object is created. No assumptions are made concerning the object model, resulting in segmented objects of varying shapes and sizes. Finally, relationships between objects in the image are evaluated toward the goal of higher level understanding of videos.

A Biologically Plausible System For Detecting Saliency In Video, David Burlone

Theses

Neuroscientists and cognitive scientists credit the dorsal and ventral pathways for the capability of detecting both still salient and motion salient objects. In this work, a framework is developed to explore potential models of still and motion saliency and is an extension of the original VENUS system. The early visual pathway is modeled by using Independent Component Analysis to learn a set of Gabor-like receptive fields similar to those found in the mammalian visual pathway. These spatial receptive fields form a set of 2D basis feature matrices, which are used to decompose complex visual stimuli into their spatial components. A …

Application Of Shifted Delta Cepstral Features For Gmm Language Identification, Jonathan Lareau

Theses

Spoken language identifcation (LID) in telephone speech signals is an important and difficult classification task. Language identifcation modules can be used as front end signal routers for multilanguage speech recognition or transcription devices. Gaussian Mixture Models (GMM's) can be utilized to effectively model the distribution of feature vectors present in speech signals for classification. Common feature vectors used for speech processing include Linear Prediction (LP-CC), Mel-Frequency (MF-CC), and Perceptual Linear Prediction derived Cepstral coefficients (PLP-CC). This thesis compares and examines the recently proposed type of feature vector called the Shifted Delta Cepstral (SDC) coefficients. Utilization of the Shifted Delta Cepstral …

Implementation Of Image Processing Approach To Translation Of Asl Finger-Spelling To Digital Text, Divya Mandloi

Theses

This thesis describes the ongoing development of an image processing technique for the translation of American Sign Language (ASL) finger-spelling to text. The present analysis is the phase one of a broader project, the Sign2 Project, which is focused on a complete technological approach to the translation of ASL to digital audio and/or text. The methodology adopted in this analysis employs a gray-scale image processing technique to convert the American Sign Language finger-spelling to text. It attempts to process static images of the subject considered, and then matches them to a statistical database of pre-processed images to ultimately recognize the …

Europa: A Framework For Writing Reusable Automated Tests For C# Components, Christian Castillo

Theses

One of the main goals of software construction is reusability. Component-based (CB) development is a new paradigm that promises to facilitate the reuse of software elements. The component-based model attempts to create an analogy with computer hardware. The idea is that software applications should be developed by assembling existing components rather than reinventing solutions to problems that have already been solved. In this paradigm, a component consumer is faced with the problem of determining if a given component meets his expectations. Testing the component can help answer this question. The component consumer may have to apply the same test cases …

Mentoring In The Department Of Access Services At The National Technical Institute For The Deaf, Gayle Macias

Theses

Not provided.

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Acceptability And Outcomes Of The Percutaneous Endoscopic Gastrostomy (Peg) Tube Placement--Patients' And Care Givers' Perspectives, Muhammad K. Anis, Shahab Abid, Wasim Jafri, Zaigham Abbas, Hasnain A. Shah, Saeed Hamid, Rozina Wasaya

Section of Gastroenterology

Background: Percutaneous endoscopic gastrostomy tube has now become a preferred option for the long-term nutritional support device for patients with dysphagia. There is a considerable debate about the health issues related to the quality of life of these patients. Our aim of the study was to assess the outcome and perspectives of patients/care givers, about the acceptability of percutaneous endoscopic gastrostomy tube placement.

Methods: This descriptive analytic study conducted in patients, who have undergone percutaneous endoscopic gastrostomy tube placement during January 1998 till December 2004. Medical records of these patients were evaluated for their demographic characteristics, underlying diagnosis, indications …

Developing A Student’S “Thought Monitor”, Suzanne Darrow Kleinhaus

Scholarly Works

No abstract provided.

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

What We Know And What We Should Know About American Trial Trends, Margo Schlanger

Journal of Dispute Resolution

This brief essay first summarizes some of that knowledge-in particular, the chief features we know about the shrinking civil trial docket in federal district courts. Next, it proposes four areas of future investigation necessary to understand the contours of the trend and to assess its causes. Then, I bring together the causal hypotheses that have already been proposed, none of which has yet been securely tested. Finally, in an appended bibliography, I list data sources, reports, and scholarly analyses that will be useful to those doing future work.

Vanishing Trials: An English Perspective, Robert Dingwall, Emilie Cloatre

Journal of Dispute Resolution

This paper reviews the recent history of civil litigation in England and Wales. While previous work by Professor Kritzer has shown an absolute decline in trials over the last fifty years, with some fluctuation around this trend, this comment suggests that this may now have bottomed out. Given the evidence of a simultaneous, and continuing, decline in the number of claims filed, it may even be the case that trials are, at least temporarily, playing a larger part in the civil justice system than they have for many years. In contrast to the experience in the U.S., these changes seem …

Not Quite A World Without Trials: Why International Dispute Resolution Is Increasingly Judicialized, Andrea Kupfer Schneider

Journal of Dispute Resolution

The focus of this brief essay is to first outline some of the factors leading to increasing judicialization on the international level where public disputes (disputes between countries) are increasingly resolved by a neutral third party. In some cases, this increased judicialization includes arbitration (which we might put under the category of ADR in the U.S.). However, the use of arbitration at the international level is not ADR as we would define it in the U.S., since the important element at the international level is that the decision-making power is handed over to a third party-whether we call that a …

When We Hold No Truths To Be Self-Evident: Truth, Belief, Trust, And The Decline In Trials, Lisa Blomgren Bingham

Journal of Dispute Resolution

This article will explore the relationship between the "vanishing trial" and the changing ways in which we think about truth. First, it briefly overviews how we think about knowing what is true: epistemology and this history of philosophy. Second, it looks to the philosophy of science and history of social science for new theories and methods about how we ascertain and construct meaning and what we believe to be real and true. Third, it examines our changing relation to information in the face of the "information explosion": information is the evidence upon which we reach a conclusion about what is …

Vanishing Or Increasing Trials In The Netherlands, Carolien Klein Haarhuis, Bert Niemeijer

Journal of Dispute Resolution

In this article, we will address the question of whether something like vanishing trials exists in the Netherlands. This could be the case, as some of the causes of the decline in the number of trials advanced by Galanter are also observed in the Netherlands. ADR is gaining popularity, the costs of court procedures are on the rise, and there clearly exists a development toward "managerial justice."