Digital Commons Network^™

Polymorphism And Selection At Exon 2 Of The Class Ii Beta Chain Of The Major Histocompatibility Complex In Forpus Passerinus, Jaclyn M. Walbroehl

Electronic Theses and Dissertations 2000 - 2009

Female mate choice has been proposed to be a major force acting to maintain the polymorphism of the MHC, the most genetically variable genes known. I genotyped seventy-two individuals from a free-living population of the parrot, Forpus passerinus, in order to determine whether disassortative mating is the mode of selection acting at this locus. Both the high rate of nonsynonymous amino acid changes at the peptide binding regions of exon 2 of the class II beta gene and the unprecedented number of alleles found in this population provided strong evidence for the operation of selection. Despite this, a chi-square test …

Penny Stock Ipos As Investments, Daniel K. Konku

Electronic Theses and Dissertations 2000 - 2009

Researchers of Initial Public Offerings, IPOs, have, traditionally, filtered out low-priced stocks with cut-off prices depending on individual study. This study examines underpricing, short- and long-run performance of one special class of such low-priced stocks. I examine IPOs filed for and issued as Penny Stocks, as defined by the amended SEC Act of 1990. The study finds average first-day excess returns of 128% over a benchmark NASDAQ Decile 1 Index. The excess returns on nonpenny IPOs issued on the same markets as the penny stocks are 7.6% over the S&P 500 Index. Cross-sectional analyses show that lower-priced penny stocks and …

Prediction Of Broadband Self-Noise Of An Airfoil, Carlos L. Gomez

Electronic Theses and Dissertations 2000 - 2009

With the increase of air traffic and the introduction of larger aircraft and therefore larger engines, the noise generated by aircraft engines have become of greater importance. In order to address these problems, noise prediction codes must be developed in order to better understand the noise generating process. This thesis addresses important issues related to broadband self-noise from ducted fans based on the prediction model developed by Glegg and Jochault [1]. By addressing issues regarding the prediction of broadband self-noise from an isolated airfoil with the observer in the far field directly overhead (at 90° above), improvements can be made …

Range Assignment Problem And Security In Wireless Networks, Mohammad O. Pervaiz

Electronic Theses and Dissertations 2000 - 2009

This thesis considers two important issues in wireless networks. In first part, we address Energy-Efficient Range Assignment in Heterogeneous Wireless Sensor Networks (HRA) and in second part, we present a survey on security attacks in ad hoc wireless networks. We address the HRA problem by selecting the transmission range for each energy-constraint sensor node such that a multi-hop communication path exists between each sensor' node and a resource-rich supernode while maximum power required is minimized. This is the first work to address this problem. We propose several solutions: an Integer Programming approach, a distributed greedy protocol, and a minimum spanning …

Privatization As An Administrative Reform: The Case Of Bangladesh, Md. Rafiqul Islam

Electronic Theses and Dissertations 2000 - 2009

Privatization has been a major policy and administrative reform all over the world for the last twenty-five years. Public bureaucracy is one of the first institutions of government to be affected by privatization as a reform. The major purpose of this dissertation was to examine the perception of the civil servants of Bangladesh towards privatization with respect to national development. In order to examine the perception of Bangladeshi civil servants, this dissertation has examined the answers to the question: "What are the perceptions of civil servants in Bangladesh towards privatization with respect to national development?" It has also examined the …

Residue, Susan L. Carlson

Electronic Theses and Dissertations 2000 - 2009

This creative thesis contains 19 poems exploring and examining the association of residues, primarily through that of memory and memories, through a process of defining and (re)defining those associations of memory (the residues) that attach themselves to memory and the actions of and upon memory. This thematic thread is woven throughout with narrative prose and verse, traditional and free verse, and the melding of each in an effort to exemplify the relationships between memory and its residual associations through structure, form, and language. Speakers are most often characters who represent the roles of memory and the associate value of the …

Readability Analysis Of Elementary-Level Science Textbooks, Robyn Trainer

Electronic Theses and Dissertations 2000 - 2009

Given both the unprecedented attention to the importance of providing children with the best possible science textbooks and the overwhelming evidence that students in the United States are severely lacking the most basic science knowledge, the decline in the number of students pursuing science degrees is alarming. In spite of all the efforts being made, a disparity still exists between (1) the wealth of science information available, (2) the apparent ease of access to scientific information, and (3) the lack of scientific academic progress being made in classrooms across the United States. A literature review was conducted which included the …

Does The Public Understand Intellectual Property Law? Do Lawyers?, David Vaver

All Papers

I was given a speaker's dream brief: to talk about whatever I wanted so long as it had something to do with the theme of the conference - intellectual property ("IP"). A few suggestions were made in a nice, non-authoritarian way. These could, of course, have been treated the way IP lawyers usually proceed, i.e., by entirely ignoring them. That is called purposive construction, and Canadian and British courts do it all the time. So a British court has read a patent claim to say that "vertical" can also mean "leaning", a decision that comforted builders everywhere. Not to be …

Popping Patented Pills: Europe And A Decade's Dose Of Trips, David Vaver, Shamnad Basheer

All Papers

This paper considers some features of Europe's approach to medicine, public health and patents as it has developed during the decade since TRIPs came into force. It then reviews what rights users have in relation to such patents and what duties right holders may owe users. The following issues are discussed: 1. How patents on medicines are viewed in Europe, 2. How TRIPs has affected European law, 3. How bilateral agreements since TRIPs have affected Europe, 4. How user rights should be viewed under TRIPs, 5. Whether patents in the public health field are a special case.

Publishers And Copyright: Rights Without Duties?, David Vaver

All Papers

What does the public want of publishers? As book buyers, they want ready access to cheap and varied books in their language of choice. They don't want to be told a book is out of stock or in some language they can't read, and that they have to trudge round to some public library or antiquarian bookstore, or do their own surreptitious translation. As writers and users, they want fair access to the world's literature to have and to hold, to enjoy, to make fun of if they want, to build on it, and also to benefit and let others …

Foreword, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

Foreword: Representation Without Party: Lessons From State Constitutional Attempts To Control Gerrymandering, James A. Gardner

Journal Articles

Since the founding, all gerrymandering of election districts, at both the state and congressional levels, has been accomplished by state actors operating almost exclusively under state law. State constitutions have often served as a first line of defense against publicly disfavored practices, and the treatment of gerrymandering is no exception. The state constitutional record reveals a gradual introduction, diffusion, and evolution of a wide variety of provisions intended to control gerrymandering, including requirements of contiguity, compactness, respect for local political boundaries, and preservation of communities of interest, among others. Indeed, such provisions have been validated by the U.S. Supreme Court …

Action Plan To Restrict The Spread Of Asian Longhorned Beetle Upon Initial Detection Within New Hampshire, Unh Cooperative Extension

UNH Cooperative Extension

No abstract provided.

William H. Rehnquist: A Life Lived Greatly, And Well, Richard W. Garnett

Journal Articles

Chief Justice Rehnquist leaves behind a formidable and important legacy in constitutional law. His work on the Court was animated and guided by the view that We the People, through our Constitution, have authorized our federal courts, legislators, and administrators to do many things - but not everything. Because the Nation's powers are few and defined, Congress may not pursue every good idea or smart policy, nor should courts invalidate every foolish or immoral one. However, for those of us who knew, worked with, learned from, and cared about William Rehnquist, it is his unassuming manner, the care he took …

Defending Human Rights In The "War" Against Terror, Douglass Cassel

Journal Articles

Safeguarding human rights in our "war" against terrorism is both the right and the smart thing to do. It is right because human rights embody our fundamental values as Americans and as Christians. Our Constitution stands for freedom; our Creator teaches us to respect the God-given dignity of each human soul. Christians are called to cherish human dignity, not only of innocents, and not only of captives in war whose status as combatant or civilian may be uncertain, but also of cardinal sinners, the terrorists themselves. Christ Jesus teaches us to hate the sin, but somehow to bring ourselves to …

Introduction: Religion, Division, And The Constitution, Richard W. Garnett

Journal Articles

Thirty-five years ago, in his landmark Lemon v. Kurtzman opinion, Chief Justice Warren Burger declared that state actions could "excessive[ly]"—and, therefore, unconstitutionally—"entangle" government and religion, not only by requiring or allowing intrusive monitoring by officials of religious institutions and activities, but also through their "divisive political potential." He worried that government actions burdened with this "potential" pose a "threat to the normal political process and "divert attention from the myriad issues and problems that confront every level of government." And, he insisted that "political division along religious lines was one of the principal evils against which the First Amendment was …

The Fundamental Rights Of The Shareholder, Julian Velasco

Journal Articles

Shareholders have many legal rights, but they are not all of equal significance. This article will argue that two rights — the right to elect directors and the right to sell shares — are more important than any others, that these rights should be considered the fundamental rights of the shareholder, and that, as such, they deserve a great deal of respect and protection by law.
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/="/">The history of corporate law has been one of increasing flexibility for directors and decreasing rights for shareholders. Although the law seems to have coalesced around the norm of shareholder primacy, this …

Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Cathleen Kaveny

Journal Articles

In turn of the 21st century United States there are serious moral disputes over issues such as abortion and torture among persons who see themselves as belonging to the same moral tradition. These disputes have not given rise to fruitful discussion about differences, but instead led to a breakdown of conversation and even of community. A part of these clashes and breakdowns are not the result of mutually inconsistent moral premises, but are driven by tensions between two styles of moral discourse, the prophetic and casuistical. The former invokes the absolute and fiery rhetorical style of biblical prophets while the …

Tradition And Development In The Catholic Church's Teaching On Marriage: A Response To Cardinal Trujillo, John J. Coughlin

Journal Articles

During the twentieth century, the teaching of the Roman Catholic Church on the nature of marriage remained fully faithful to ancient tradition and witnessed new developments. In his article, The Nature of Marriage and Its Various Aspects, Alfonso Cardinal Lopez Trujillo has afforded a splendid overview of both the timeless and adaptive features of the Church's teaching. In commenting on the article, I have been asked to identify obstacles to the article's reception as well as to suggest possible resolutions. My brief response to His Eminence, Cardinal Trujillo, consists of two parts. First, I suggest that an epistemological issue is …

The "Public Use" Requirement In Eminent Domain Law: A Rationale Based On Secret Purchases And Private Influence, Daniel B. Kelly

Journal Articles

This Article provides a rationale for understanding and interpreting the public use requirement within eminent domain law. The rationale is based on two factors. First, while the government often needs the power of eminent domain to avoid the problem of strategic holdout, private parties are generally able to purchase property through secret buying agents. The availability of these undisclosed agents makes the use of eminent domain for private parties unnecessary and indeed undesirable. The government, however, is ordinarily unable to make secret purchases because its plans are subject to democratic deliberation and thus publicly known in advance. Second, while the …

State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.

Journal Articles

Scholars have long debated the separation of powers question of what judicial power federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. Specifically, scholars have debated whether, in light of Founding-era English and state court judicial practice, the judicial power of the United States should be understood as a power to interpret statutes dynamically or as faithful agents of Congress. This Article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often …

Free Wage Labor And The Suffrage In Nineteenth Century England, Robert J. Steinfeld

Journal Articles

No abstract provided.

Pound's Century, And Ours, Jay Tidmarsh

Journal Articles

On August 29, 1906, a little known Nebraska lawyer climbed to the podium at the twenty-ninth American Bar Association convention in St. Paul, Minnesota, and commenced the most thoroughly successful revolution in American law. The lawyer was Roscoe Pound, and the title of his address was The Causes of Popular Dissatisfaction with the Administration of Justice. The speech was hardly popular in its own time. The ABA nearly refused to publish the remarks. Thirty-two years would pass before Pound's seeds fully flowered. Even today, many of Pound's criticisms of our adversarial civil justice system ring as true as the day …

The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua

Journal Articles

This essay tells the story of the rise, development and future directions of critical race theory and related scholarship. In telling the story, I suggest that critical race theory (CRT) rises, in part, as a challenge to the emergence of colorblind ideology in law, a major theme of the scholarship. I also contend that conflict, as a process of intellectual and institutional growth, marks the development of critical race theory and provides concrete and experiential examples of some of its key insights and themes. These conflicts are waged in various institutional settings over the structural and discursive meanings of race …

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger movement to democratize the …

Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford

Journal Articles

The purpose of this Article is to discuss common mistakes in the current debate on outsourcing authority. The first mistake in the debate on outsourcing authority is about the protagonists. To focus solely on the fact that some justices espouse this approach, while others do not, distorts the true picture of the rich debate that is ongoing at the bar, the bench, the academy, and beyond. Mistaking the voices in the debate will distort what is at issue in the discussion. The reality is much more complex. There is a groundswell of opposition to this trend from various corners and …

Judicial Selection, Appointments Gridlock, And The Nuclear Option, David S. Law, Lawrence B. Solum

Faculty Scholarship

This Article unfolds in six parts, of which the introduction is Part I. In Part II, The Legal Framework for Judicial Selection, we explore both the constitutional provisions and the Senate rules and customs that bound the judicial selection process. Part III, The Premises of the Model, discusses the analytical assumptions underlying our depiction of the judicial selection process in the form of a simple spatial model that can be easily understood and manipulated. The heart of the article is found in Parts IV and V. In Part IV, A Pivotal Politics Model of the Judicial Selection Process, we set …

Download It While Its Hot: Open Access And Legal Scholarship, Lawrence B. Solum

Faculty Scholarship

This Article analyzes the shift of legal scholarship from the old world of law reviews to today's world of peer reviews to tomorrow's world of open access legal blogs. This shift is occurring in three dimensions. First, legal scholarship is moving from the long form (treatises and law review articles) to the short form (very short articles, blog posts, and online collaborations). Second, a regime of exclusive rights is giving way to a regime of open access. Third, intermediaries (law school editorial boards, peer-reviewed journals) are being supplemented by disintermediated forms (papers on the Internet, blogs). Blogs and internet conversations …

Children's Bible Story Books In A Protestant Church Context, Louise Gilmour

Theses and Dissertations (Comprehensive)

This work is an examination of children's bible story books, as found in eighteen Anglican, Lutheran, Presbyterian, and United churches in the Kitchener-Waterloo area. It briefly outlines the place of these books in the churches and closely examines a selection of the most frequently appearing and/or important children's bibles found. The thesis of this work is that these books are pulled, to varying degrees, between being "children's" and being "Bible" and that the "Bible" aspect of the books has been underappreciated in discussions of the books to date. 1149 individual children's bible story book titles were catalogued by both their …

Stories Of Community: The First Ten Years Of Nike Women's Advertising, Jean M. Grow

College of Communication Faculty Research and Publications

This semiotic analysis of early Nike women's advertising explores the evolution of the women's brand from its launch in 1990 through 2000, and includes twenty-seven print campaigns. The semiotic analysis is enhanced by in-depth interviews of the creative team. The study is framed by a single research question. What symbolically ties these ten years of advertising into a cohesive whole and how? Ultimately, three distinct mediated communities emerge. The story behind these communities, expressed semiotically and orally, suggests that the power of this advertising lies in its mediated construction of community life. The resonance of these ads is rooted in …