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"Reasonably Predictable:" The Reluctance To Embrace Judicial Discretion For Substantial Assistance Procedures, India Geronimo Thusi

Articles by Maurer Faculty

This Comment focuses on the nuances of post-Booker cooperation departures and sentence variances. Section 5K1.1 of the Guidelines governs the provision of cooperation, or substantial assistance, departures. This provision was the primary method for defendants to receive cooperation departures prior to Booker. The section 5K1.1 provision allowed substantial assistance departures where the prosecution actually benefited from the defendant’s cooperation.

First, Part I.A of this Comment will provide an overview of the original goals of the Sentencing Commission and the section 5K1.1 substantial assistance provision. Part I.B of the Comment summarizes United States v. Booker and its impact on cooperation departures. …

Ferromagnetism And Structure Of Epitaxial Cr-Doped Anatase Tio2 Thin Films, T. C. Kaspar, T. Droubay, V. Shutthanandan, S. M. Heald, C. M. Wang, D. E. Mccready, S. Thevuthasan, J. D. Bryan, D. R. Gamelin, A. J. Kellock, M. F. Toney, X. Hong, C. H. Ahn, S. A. Chambers

Xia Hong Publications

The materials and magnetic properties of Cr-doped anatase TiO₂ thin films deposited on LaAlO₃(001) and SrTiO₃(001) substrates by oxygen-plasma-assisted molecular beam epitaxy have been studied in detail to elucidate the origin of ferromagnetic ordering. Cr substitution for Ti in the anatase lattice, with no evidence of Cr interstitials, segregation, or secondary phases, was independently confirmed by transmission electron microscopy with energy dispersive x-ray spectroscopy, extended x-ray absorption fine structure, and Rutherford backscattering spectrometry in the channeling geometry. Epitaxial films deposited at ~0.1 Å/ s were found to have a highly defected crystalline structure, as quantified …

Representing The Media At Trial, Joseph A. Tomain, Richard M. Goehler, Amanda G. Main

Articles by Maurer Faculty

No abstract provided.

The Problem Of Secular Sacredness: Ronald Dworkin, Michael Perry, And Human Rights Foundationalism, Ari Kohen

Department of Political Science: Faculty Publications

The concept of human rights ultimately rests on the premise that there are some things that ought to be done for human beings and other things that ought not to be done to human beings in light of the fact that they are human. According to the Universal Declaration of Human Rights, these rights stem from the “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family” (Ishay 1997: 407). Some would argue that this notion has its roots in the natural law and natural rights tradition that is an important …

A Preliminary Biological Assessment Of Long Lake National Wildlife Refuge Complex, North Dakota, Murray K. Laubhan, Robert A. Gleason, Gregory A. Knutsen, Rachel A. Laubhan, N. H. Euliss Jr.

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

This report represents an initial biological assessment of wetland conditions on Long Lake National Wildlife Refuge (NWR), Slade NWR, and Florence Lake NWR that was conducted as part of the pre-planning phase for development of a Comprehensive Conservation Plan (CCP). According to the 1997 National Wildlife Refuge System Improvement Act (NWRSIA), decisions guiding NWR management should be based on the best available scientific information. Therefore, this report attempts to integrate relevant information from many different scientific disciplines (e.g., geology, hydrology, biology) to assist the U.S. Fish and Wildlife Service (USFWS) in identifying ecological constraints and opportunities imposed by the land …

Bio-Bibliography: Stephen James Meredith Brown (1881-1962), Michael R. Hill

Department of Sociology: Faculty Publications

Stephen James Meredith Brown, S.J., was born in County Down, Ireland, on 24 September 1881. He was educated at Clongowes Wood College and was ordained as a Jesuit in 1914. Brown also pursued studies at Tullabeg, Jersey, Paris, and Hastings. Teaching posts included Clongowes and University College. At the latter, he launched the post-graduate school of librarianship, serving on the faculty for 24 years. Brown founded the Central Catholic Library in 1922 and was its motive force for some four decades. He is remembered today as a major bibliographer of Irish literature.

Fundamental Provisions For National Space Laws, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Whilst national space laws currently are a 'hot' topic in general discussions on space law and policy, and rightly so, one should never lose sight that 'national space law' is not something self-evident or nature-given. In each case there is a general need to justify any efforts and resources inevitably required for establishment to start with, then continuing adaptation and implementation, of a national space law. From that perspective, the present paper tries to answer three questions that are of paramount importance. Firstly, why do we need or want national space laws in the first place? Secondly, the question follows …

Towards Monitoring Galileo: The European Gnss Supervisory Authority In Statu Nascendi = Zur Künftigen Überwachungsagentur Des Galileo Systems, Vers Une Autorité De Surveillance Du Système Galileo, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

There is little doubt that one of the most interesting and revolutionary, but also complicated and challenging space projects of today is Galileo, Europe’s own full-fledged second-generation navigation satellite system. Developed jointly by the European Union through the Commission and the European Space Agency, Galileo should by the end of the decade have thirty operational satellites in middle-earth-orbits providing timing, positioning and navigation signals across the globe.

From the very beginning Galileo was envisaged in particular by the Commission as a public-private-partnership (PPP). On the one hand, a private concessionaire should operate the system as of full operational capability (originally …

A Model For Predicting The Evolution Of Multiple Cracks On Multiple Length Scales In Viscoelastic Composites, David H. Allen, C. R. Searcy

Department of Engineering Mechanics: Faculty Publications

A model is presented herein for predicting the evolution of numerous cracks on multiple length scales, the objective of such a model being to develop the capability to predict failure of structural components to perform their intended tasks. Such a capability would then be useful as a predictive tool for designing structural components so as not to fail, but rather to succeed in performing their intended tasks. The model developed herein is somewhat involved, being based in continuum mechanics and thermodynamics, but is nevertheless expected to be cost effective (wherever sufficient accuracy permits) when compared to more costly experimental means …

Monster At The Foot Of The Bed: Surviving The Challenge Of Marketplace Forces On Higher Education, Raoul A. Arreola

To Improve the Academy: A Journal of Educational Development

The impact of technology on society has caused a paradigm shift in the basic support for higher education. Where higher education was traditionally supported as a function of government, the knowledge explosion and global economy resulting from the impact of computer and other technologies is moving the underlying support of higher education to the marketplace. There is evidence that traditional academic strategies and practices that were successful under the old paradigm may no longer be working. Twelve suggestions are offered for revolutionary changes that the academy must make in order to survive, even thrive, in the new paradigm.

Perceptions Of Faculty Developers About The Present And Future Of Faculty Development At Historically Black Colleges And Universities, Phyllis Worthy Dawkins, Andrea L. Beach, Stephen L. Rozman

To Improve the Academy: A Journal of Educational Development

The development of faculty at Historically Black Colleges and Universities (HBCUs) has been a challenge and commitment since their inception before and after the civil war. Historically, faculty have assumed many roles, but they primarily sought to address the needs of black students. The HBCU Faculty Development Network, founded in 1994, has been instrumental in providing a platform to showcase accomplishments and challenges in education at this unique group of colleges and universities. To address future needs, we surveyed the membership to explore current program goals and influences, practices, and new directions. The results are compared with data for the …

Practicing What We Preach: Transforming The Ta Orientation, Patricia Armstrong, Peter Felten, Jeffrey Johnston, Allison Pingree

To Improve the Academy: A Journal of Educational Development

Brookfield (1995), Schön (1983), and others articulate the necessity and complexity of being critically reflective in our work. Indeed, the value of critical reflection is inherent to educational development as a field in that we frequently encourage such thinking in our consultations with instructors. But practicing what we preach can be difficult. This chapter reflects on an experiment in the transformation of a teaching assistant orientation, a central event of our teaching center. We not only describe and assess the process of revising this orientation, but we also reflect on the implicatiom of this case for broader programming issues in …

Distribution Of Boreal Toad Populations In Relation To Estimated Uv-B Dose In Glacier National Park, Montana, Usa, Blake R. Hossack, Stephen A. Diamond, Paul Stephen Corn

United States Geological Survey: Staff Publications

A recent increase in ultraviolet B radiation is one hypothesis advanced to explain suspected or documented declines of the boreal toad (Bufo boreas Baird and Girard, 1852) across much of the western USA, where some experiments have shown ambient UV-B can reduce embryo survival. We examined B. boreas occupancy relative to daily UV-B dose at 172 potential breeding sites in Glacier National Park, Montana, to assess whether UV-B limits the distribution of toads. Dose estimates were based on ground-level UV-B data and the effects of elevation, local topographic and vegetative features, and attenuation in the water column. We also …

Divergent Patterns Of Abundance And Age-Class Structure Of Headwater Stream Tadpoles In Burned And Unburned Watersheds, Blake R. Hossack, Paul Stephen Corn, Daniel B. Fagre

United States Geological Survey: Staff Publications

Wildfire is a potential threat to many species with narrow environmental tolerances like the Rocky Mountain tailed frog (Ascaphlls montanlls Mittleman and Myers, 1949), which inhabits a region where the frequency and intensity of wildfires are expected to increase. We compared pre- and post-fire counts of tadpoles in eight streams in northwestem Montana to determine the effects of wildfire on A. montanus. All streams were initially sampled in 2001, 2 years before four of them bumed in a large wildfire, and were resampled during the 2 years follo\ving the fire. Counts of tadpoles were similar in the 1\\'0 …

A Review Of Achievement Goal Theory In Physical Education, Julie A. Jahn

Graduate Research Papers

Terrell H. Bell once said there are three things to remember about education. The first one is motivation. The second one is motivation. The third one is motivation. These simple, yet profound words state the clear truth about the journey through education. To teachers, students, administrators, or parents - these words speak volumes. Motivation can be viewed as students' biggest asset or their biggest problem. All children are motivated to do something; however it may not always be what the teacher desires. Teachers want their students to achieve the product of learning, but they also want them to enjoy and …

Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen

Faculty Scholarship

In 2003-2004, a Presidential campaign year dominated by debates about international affairs and international law, the U.S. Supreme Court took an unusual number of cases of international import. The Court considered the Alien Tort Claims Act and the future of human rights suits in U.S. courts, the applicability of the Foreign Sovereign Immunity Act to claims involving Nazi-stolen artwork, the applicability of American antitrust law to foreign anticompetitive activity, and the legality of the Guantanamo detentions. A great deal of ink has been spilled analyzing the individual impacts of each of these cases. What has been less considered is how …

City As An Ecological Space: Social Capital And Urban Land Use, The , Sheila R. Foster

Faculty Scholarship

One of the goals of land use (and pollution control) law is to force the internalization of these costs. This otherwise economic view of land use law is also rooted, however, in an ecological understanding of urban land use. Legal scholars writing over three decades ago successfully argued, based upon the ecological facts of life, that "[p]roperty does not exist in isolation" because the effects of its uses flow outside of the boundaries of ownership. The notion that property is inextricably part of a network of social and economic relationships, and that its impacts traverse legally defined boundaries and relationships, …

Court-Ordered Confidentiality In Discovery Symposium: Secrecy In Litigation: I: Article, Howard M. Erichson

Faculty Scholarship

The debate over discovery confidentiality has raged for over twenty years, since before the Supreme Court's decision in Seattle Times Co. v. Rhinehart, and it shows no sign of fading. If anything, issues of litigation confidentiality appear to have gained increased attention in recent years. The United States District Court for the District of South Carolina attracted nationwide attention in 2002 when it adopted a local rule severely restricting secret settlements and addressing other aspects of court-ordered confidentiality. In 2004 the Federal Judicial Center completed an empirical study of sealed settlements. It seems that each month of 2005 brought new …

Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee

Faculty Scholarship

In this Article, Professor Lee introduces a novel explanation of the Alien Tort Statute (ATS) - a founding-era enactment that has achieved modern prominence as a vehicle for international human rights litigation. He demonstrates how the statute was intended to address violations of something called a "safe conduct" - a sovereign promise of safety to aliens from injury to their persons and property. The safe-conduct theory advances a new modern role for the ATS to redress torts committed by private actors - including aliens - with a U.S. sovereign nexus, and not for international law violations committed by anyone anywhere. …

Transnational Labor Citizenship, Jennifer Gordon

Faculty Scholarship

Over one million new immigrants arrive in the United States each year. This spring, Americans saw several times that number pour into the streets, protesting proposed changes in U.S. immigration and guest work policies. As the signs they carried indicated, most migrants come to work, and it is in the workplace that the impact of large numbers of newcomers is most keenly felt. For those who see both the free movement of people and the preservation of decent working conditions as essential to social justice, this presents a seemingly unresolvable dilemma. In a situation of massive inequality among countries, to …

Relational Contracts In The Privatization Of Social Welfare: The Case Of Housing, Nestor M. Davidson

Faculty Scholarship

Privatization has become a permanent and increasingly significant fixture on the landscape of contemporary public policy. Federal, state, and local governments now turn to the private sector for everything from collecting neighborhood garbage to assisting in the occupation of Iraq. As Martha Minow recently noted, "a sea change is at work," with "[p]rivate and market-style mechanisms.., increasingly employed to provide what government had taken as duties." Nowhere is this trend more pronounced, and contested, than in the privatization of social welfare. In that arena, privatization's potential to harness the experience, efficiency, and diversity of the private sector sharply clashes with …

A Continuous 250,000 Yr Record Of Oxygen And Carbon Isotopes In Ostracode And Bulk-Sediment Carbonate From Bear Lake, Utah-Idaho, Walter E. Dean, Jordon Bright, Darrell S. Kaufman, Richard M. Forester

United States Geological Survey: Staff Publications

Oxygen and carbon isotopes from a continuous, 120-m-long, carbonate-rich core from Bear Lake, Utah-Idaho, document dramatic fluctuations in the hydrologic budget of the lake over the last 250,000 yr. Isotopic analyses of bulk sediment samples capture millennialscale variability. Ostracode calcite was analyzed from 78 levels, mainly from the upper half of the core where valves are better preserved, to compare the isotopic value of purely endogenic carbonate with the bulk sediment, which comprises both endogenic and detrital components. The long core exhibits three relatively brief intervals with abundant endogenic aragonite (50±10%) and enriched δ¹⁸O and δ¹³C. …

Or.76. Myelin Specific Regulatory T-Cells Expand From Naturally Occurring Regulatory T-Cells And Accumulate In The Cns During Eae [Abstract Only], Thomas Korn, Jay Reddy, Wenda Gao, Terry Strom, Mohamed Oukka, Vijay K. Kuchroo

Jay Reddy Publications

FoxP3 is a lineage specific marker for regulatory T-cells (Treg). We have generated FoxP3 knock-in (KI) mice by introducing a bicistronic GFP reporter into the endogenous FoxP3 locus, allowing us to faithfully track T-reg in vivo. Recently, we have also generated a MOG 35-55/IAb-tetramer. The combination of these two technologies enables us to study the in vivo behavior of myelin specific T-reg and effector T-cells (T-eff) during EAE. Upon immunization with MOG 35-55, we identified a population of MOG-tetramerreactive T-reg in the peripheral lymphoid compartment. T-reg trafficked to the CNS where they were readily detected as early as day 10 …

A Screening-Level Assessment Of Lead, Cadmium, And Zinc In Fish And Crayfish From Northeastern Oklahoma, Usa, Christopher J. Schmitt, William G. Brumbaugh, Gregory L. Linder, Jo Ellen Hinck

United States Geological Survey: Staff Publications

The objective of this study was to evaluate potential human and ecological risks associated with metals in fish and crayfish from mining in the Tri-States Mining District (TSMD). Crayfish (Orconectes spp.) and fish of six frequently consumed species (common carp, Cyprinus carpio; channel catfish, Ictalurus punctatus; flathead catfish, Pylodictis olivaris; largemouth bass, Micropterus salmoides; spotted bass, M. punctulatus; and white crappie, Pomoxis annularis) were collected in 2001–2002 from the Oklahoma waters of the Spring River (SR) and Neosho River (NR), which drain the TSMD. Samples from a mining-contaminated site in eastern Missouri and …

Seasonal And Spatial Patterns Of Metals At A Restored Copper Mine Site. I. Stream Copper And Zinc, Dustin G. Bambic, Charles N. Alpers, Peter G. Green, Eileen Fanelli, Wendy K. Silk

United States Geological Survey: Staff Publications

Seasonal and spatial variations in metal concentrations and pH were found in a stream at a restored copper mine site located near a massive sulfide deposit in the Foothill copper-zinc belt of the Sierra Nevada, California. At the mouth of the stream, copper concentrations increased and pH decreased with increased streamflow after the onset of winter rain and, unexpectedly, reached extreme values 1 or 2 months after peaks in the seasonal hydrographs. In contrast, aqueous zinc and sulfate concentrations were highest during low-flow periods. Spatial variation was assessed in 400 m of reach encompassing an acidic, metal-laden seep. At this …

Avian Response To Meadow Restoration In The Central Great Plains, Rosalind B. Renfrew, Douglas H. Johnson, Gary R. Lingle, W. Douglas Robinson

United States Geological Survey, Northern Prairie Wildlife Research Center: Publications

Native grassland is one of the most heavily degraded of all North American ecosystems, and restoration of altered grasslands is a tool used to mitigate some of the biological ramifications of past land use practices. Providing habitat for grassland-dependent bird species often is one of the many goals of restoration. We evaluated the efficacy of meadow restoration for breeding birds in the Nebraska Platte River Valley by comparing the bird community and vegetation structure on 25 natural (original sod) and 25 restored meadows. We conducted principal components analyses on the vegetation structure and on the bird community, and modeled the …

Use Of Mammal Manure By Nesting Burrowing Owls: A Test Of Four Functional Hypotheses, Matthew D. Smith, Courtney J. Conway

United States Geological Survey: Staff Publications

Animals have evolved an impressive array of behavioural traits to avoid depredation. Olfactory camouflage of conspicuous odours is a strategy to avoid depredation that has been implicated only in a few species of birds. Burrowing owls, Athene cunicularia, routinely collect dried manure from mammals and scatter it in their nest chamber, in the tunnel leading to their nest and at the entrance to their nesting burrow. This unusual behaviour was thought to reduce nest depredation by concealing the scent of adults and juveniles, but a recent study suggests that manure functions to attract arthropod prey. However, burrowing owls routinely …

River-Aquifer Interactions, Geologic Heterogeneity, And Low-Flow Management, Jan H. Fleckenstein, Richard G. Niswonger, Graham E. Fogg

United States Geological Survey: Staff Publications

Low river flows are commonly controlled by river-aquifer exchange, the magnitude of which is governed by hydraulic properties of both aquifer and aquitard materials beneath the river. Low flows are often important ecologically. Numerical simulations were used to assess how textural heterogeneity of an alluvial system influences river seepage and low flows. The Cosumnes River in California was used as a test case. Declining fall flows in the Cosumnes River have threatened Chinook salmon runs. A ground water–surface water model for the lower river basin was developed, which incorporates detailed geostatistical simulations of aquifer heterogeneity. Six different realizations of heterogeneity …

Ade Committees 2006-2007

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

Officers--Committees

Documentary Editing, Volume 28, Number 4, Winter 2006.

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

No abstract provided.