Digital Commons Network^™

Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein

Law Faculty Articles and Essays

It has been almost a year and a half since the Supreme Court ruled in Kelo v. City of New London, 125 S. Ct. 2655 (2005), that the federal Constitution does not bar government from using eminent domain for economic development purposes. That ruling precipitated an unprecedented negative reaction in state legislatures. 1 Now, Ohio has delivered the first post-Kelo state supreme court decision to address the constitutionality of eminent domain. On July 26, in City of Norwood v. Horney, 2006 WL 2096001, a unanimous Ohio Supreme Court rejected the arguments of the majority in Kelo and emphatically stated that …

Procedure To Quantify Biofilm Activity In Carriers Used In Wastewater Treatment Systems, James Bolton, Archana Tummala, Chirag Kapadia, Manoj Dandamudi, Joanne M. Belovich

Chemical & Biomedical Engineering Faculty Publications

A procedure is presented for evaluating and comparing the biological activity of biofilms attached to various biofilm carriers by measurement of the glucose consumption rate. This technique allows for the economical design and selection of small particulate biofilm carriers that will maximize substrate removal when used in industrial-scale fluidized bioreactors. Methods for ensuring reproducible results are described. To support the glucose consumption rate findings, biofilm dry weights were obtained at the conclusion of activity rate experiments, and scanning electron micrographs were taken to evaluate the presence of biofilm and to view surface characteristics. Fourteen different biofilm carriers were evaluated ranging …

Influence Of Novel Preservation Methods On The Quality Of Minimally Processed Iceberg Lettuce And Carrot, Daniel Rico

Doctoral

The market of ready-to-fresh vegetables has grown rapidly in recent decades as a result of changes in consumer attitudes. Chlorine solutions are widely used to sanitise fresh-cut fruit and vegetables in the industry. However, the possible formation of carcinogenic chlorinated compounds in water has called into questions the use of chlorine in food processing plants. There is a real need to find new alternatives fro the preservation of minimal processed vegetables in order to maintain their quality attributes after processing. The aim of this study was to examine the influence of novel preservation methods on the quality of minimally process …

Students Get All Fired Up!, Susan E. Murray

Lake Union Herald

No abstract provided.

Kasha, Quinoa, And King Oatmeal, Winston J. Craig

Lake Union Herald

No abstract provided.

National Science Foundation Awards Large Research Grant To Andrews University, Beverly Stout

Lake Union Herald

No abstract provided.

Andrews Offers Preparing For College Seminars At Lake Union Academies, Enrollment Management News Release

Lake Union Herald

No abstract provided.

Implementing Reading Response Logs In An Intermediate Classroom To Increase Student Interest And Comprehension, Carrie Winegar Risley

All Graduate Projects

This study includes a brief explanation of the history of reader response and the purpose behind the theory as well as how to apply the theory to classroom practices when teaching literature and reading. Reader response is the reader's reaction to what he/she has read. This can include making connections, asking questions, clarifying information, evaluating the author's craft and making predictions. The reader's response can be oral or in written form. The study includes examples of the application of reader response in classrooms ranging from the primary level through the high school level and an explanation of why it can …

English Language Learners And Technology: Applying Universal Design For Learning And The Sheltered Instruction Observation Protocol In The Evaluation Of Literacy Support Software, Susan M. Connolly

All Graduate Projects

The population of culturally and linguistically diverse (CLD) students in U.S. schools has been steadily increasing. These students do not experience equal educational opportunity in U.S. secondary schools. CLD students need to develop English literacy as well as content knowledge to attain equal educational opportunity. Teachers of CLD students need techniques and tools which support CLD students in mastering the content expected of secondary school students while acquiring English literacy. The criteria for effective lesson design and delivery inherent in the Sheltered Instruction Observation Protocol (SIOP) and the criteria for designing curriculum without barriers to access inherent in Universal Design …

Best Management Practices Used By Kytc For On-Site Erosion Control, David L. Allen, Sudhir Palle

Kentucky Transportation Center Research Report

New erosion control procedures (ECP) have recently been implemented by the Kentucky Transportation Cabinet (KYTC). Previously, consultants and designers developed the ECP as a part of the design plans. In many cases these did not work in the field. The new procedures allow construction personnel to develop and implement their own ECPs on site.

This study conducted a survey of construction personnel in the KYTC to determine their level of familiarity with the new ECPs and to determine any issues that may have developed with the new procedures. The results of the survey concluded that most KYTC construction personnel were …

Community Mobility And Dementia: A Review Of The Literature, Nina M. Silverstein, Megan Vanderbur

Gerontology Institute Publications

By the year 2030, 70 million Americans will be 65 or older. Approximately 80 percent of this population will likely be driving themselves. And without appropriate and timely interventions, many are likely to be driving with Alzheimer’s disease (AD). Current estimates suggest that 2 percent of the population 65 to 74, 19 percent of the population 75 to 84, and 47 percent of the population 85 and older are likely to suffer from Alzheimer’s disease or a related disorder. By the year 2050, the number of Americans with Alzheimer’s disease could range from 11.3 million to 16 million. This significant …

Enhancing Decision Analysis Models With Web Agents, Jeffrey M. Keisler, Wei Zhang

Management Science and Information Systems Faculty Publication Series

Decision analysis (DA) can be enhanced by taking advantage of vast, real-time data available from the World Wide Web (the Web). Human intensive DA models such as influence diagrams may be linked with electronic agents that actively utilize the Web to generate data. At the time of modeling, results of agent actions are treated as stochastic events. Probability distributions are assessed conditioned on the range of outcomes for these events. When the DA model is evaluated the agent performs actions defined by the model in terms of the state of nature. Structuring links for these models presents technical challenges including …

Rehabilitation Of A Patient With Diabetic Myonecrosis: A Case Report, Nethra S. Ankam, Md, Vishal Kancherla, Do, Stanley R. Jacobs, Md

Department of Rehabilitation Medicine Faculty Papers

Setting: Inpatient rehabilitation unit at a university hospital

Patient: 37-year-old male with diabetic myonecrosis.

Case Description: The patient had a long-standing history of uncontrolled diabetes mellitus with multiple comorbidities, including end-stage renal disease on dialysis and diabetic myonecrosis of the left biceps femoris diagnosed by biopsy and magnetic resonance imaging (MRI.) On this admission, he presented with right leg pain and swelling, found to be a reoccurrence of diabetic myonecrosis in the vastus lateralis, medialis, and intermedius, diagnosed by MRI only. Prior to admission, he lived alone in a wheelchair inaccessible duplex and required minimal assistance with housekeeping.

Assessment/Results: …

Note On Trigonella Cornicualta (L.) L., Amrit Pal Singh

Ethnobotanical Leaflets

No abstract provided.

Some Medicinal Weeds Associated With Terraces Of Crop Fields Of Pauri, India, Upma Dobhal, Snehlata Bhandari, N. S. Bisht

Ethnobotanical Leaflets

An ethnobotanical survey was conducted in order to identify the medicinal weeds of crop fields in Pauri (located at an elevation of 1650m in northwest Garhwal Himalayas of Uttaranchal) and to find out the possibilities of utilizing these weeds. The information about their potential uses were collected with help of reference literature of different medicine systems. The study revealed that about 18 species of weeds in crop fields, of Pauri possessed medicinal properties. The study suggested a tremendous scope of utilizing these weeds to promote additional income to the inhabitants.

Distributed Resource Allocation And Scheduling In Ofdma Wireless Networks, Xiangping Qin, Randall Berry

Conference Proceedings

In this paper we develop distributed resource allocation and scheduling algorithms for the uplink of an orthogonal frequency division multiple access (OFDMA) wireless network. We consider a time-slotted model, where in each time-slot the users are assigned to subchannels consisting of groups of OFDM tones. Each user can also allocate its transmission power among the subchannels it is assigned. We consider distributed algorithms for accomplishing this, where each user’s actions depend only on knowledge of their own channel gains. Assuming a collision model for each subchannel, we characterize an optimal policy which maximizes the system throughput and also give a …

The Daily Egyptian, November 01, 2006, Daily Egyptian Staff

November 2006

No abstract provided.

Traverse: A New High Yielding And Fusarium Head Blight Tolerant Spring Wheat, K. Glover, R. G. Hall

Research Bulletins of the South Dakota Agricultural Experiment Station (1887-2011)

This bulletin provides information regarding Traverse, a new high yielding and Fusarium head blight tolerant spring wheat. The origin, breeding history, characteristics, agronomic performance, and disease resistance are provided.

Vol. 4, No. 07 (November/December 2006)

Indiana Law Update

No abstract provided.

The Lumberjack, November 01, 2006

Cal Poly Humboldt's Student Newspaper

The student newspaper of Humboldt State University.

Oxidized Derivatives Of Ω-3 Fatty Acids: Identification Of Ipf 3Α-Vi In Human Urine, John A. Lawson, Seongjin Kim, William S. Powell, Garret Gerald A. Fitzgerald, Joshua Rokach

Chemistry and Chemical Engineering Faculty Publications

Isoprostanes (iPs) are prostaglandin-like molecules derived from autoxidation of polyunsaturated fatty acids (PUFAs). Urinary iP levels have been used as indices of in vivo lipid peroxidation. Thus far, it has only been possible to measure iPs derived from arachidonic acid in urine, because levels of iPs/neuroprostanes (nPs) derived from ω3-PUFAs have been found to be below detection limits of available assays. Because of the interest in ω3-PUFA dietary supplementation, we developed specific methods to measure nPF4α-VI and iPF3α-VI [derived from 4,7,10,13,16,19-docosahexaenoic acid (DHA) and 5,8,11,14,17-eicosapentaenoic acid (EPA)] using a combination of chemical synthesis, gas chromatography/mass spectrometry (GC/MS), andliquid chromatography tandem …

Target Dna Structure Plays A Critical Role In Rag Transposition, Jennifer E. Posey, Malgorzata J. Pytios, Richard R. Sinden, David B. Roth

Biomedical Engineering and Sciences Faculty Publications

Antigen receptor gene rearrangements are initiated by the RAG1/2 protein complex, which recognizes specific DNA sequences termed RSS (recombination signal sequences). The RAG recombinase can also catalyze transposition: integration of a DNA segment bounded by RSS into an unrelated DNA target. For reasons that remain poorly understood, such events occur readily in vitro, but are rarely detected in vivo. Previous work showed that non-B DNA structures, particularly hairpins, stimulate transposition. Here we show that the sequence of the four nucleotides at a hairpin tip modulates transposition efficiency over a surprisingly wide (>100-fold) range. Some hairpin targets stimulate extraordinarily efficient …

Unequal Rights: The Fourteenth Amendment And De Facto Parentage, Adam K. Ake

Washington Law Review

Faced with an unprecedented number of children born into non-traditional family arrangements, courts across the country are struggling to preserve relationships between same-sex partners and their partners' biological children after those non-marital relationships end. This Comment argues that the Fourteenth Amendment limits the extent to which courts can intrude on the parental rights of a natural or adoptive parent in an attempt to provide remedies for non-parent partners, who are usually legal strangers to the children under applicable statutory schemes. U.S. Supreme Court jurisprudence implicitly recognizes hierarchical tiers of parental rights. Under this framework natural and adoptive parents have superior …

Further Evidence For Variable Synchrotron Emission In Xte J1118+480 In Outburst, Robert I. Hynes, Edward L. Robinson, Kevin J. Pearson, Dawn M. Gelino, Wei Cui, Yongquan Xue, Matt A. Wood, Todd K. Watson, Don Earl Winget, Isaac M. Silver

Aerospace, Physics, and Space Science Faculty Publications

We present simultaneous multicolor infrared and optical photometry of the black hole X-ray transient XTE Jill 8+480 during its short 2005 January outburst, supported by simultaneous X-ray observations. The variability is dominated by short timescales, ∼10 s, although a weak superhump also appears to be present in the optical. The optical rapid variations, at least, are well correlated with those in X-rays. Infrared JHKS photometry, as in the previous outburst, exhibits especially large-amplitude variability. The spectral energy distribution (SED) of the variable infrared component can be fitted with a power law of slope α = -0.78 ± 0.07, where Fᵧ …

Legal Cases Illustrate Lending Do's And Don'ts, Neil Fulton

Faculty Publications

No abstract provided.

Bankruptcy Reform: What's Tax Got To Do With It, Michelle Arnopol Cecil

Missouri Law Review

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the most sweeping bankruptcy reform legislation passed by Congress in over a quarter of a century. The bill, which spanned over 600 pages, completelyoverhauled the consumer bankruptcy system and made significant changes to business bankruptcies as well. Yet despite Congress's massive effort to improve the current bankruptcy system in BAPCPA, it failed to address a number of important issues in the area of bankruptcy taxation, a critical but often overlooked area of bankruptcy law. One such issue involves the tax …

Why The Bankruptcy Reform Act Left Labor Legacy Costs Alone, Daniel Keating

Missouri Law Review

This paper proceeds in four parts. Part I describes the world of labor legacy costs and how they end up intersecting with bankruptcy. Part II discusses what approaches Congress or the courts have already used to address the labor/bankruptcy intersection. Part III explores what Congress might have considered in the bankruptcy reform bill if it had been motivated to take a serious look at labor legacy costs in bankruptcy. Part IV explains possible theories as to why Congress chose not to reform the labor/bankruptcy intersection and why that decision was frustrating but prudent.

Insurers, Illusions Of Judgment & Litigation, Chris Guthrie, Jeffrey J. Rachlinski

Vanderbilt Law Review

Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers provide representation, pay legal fees, and often play a central role in resolving disputes through settlement or adjudication. In this paper, we explore empirically how these key litigation players make important decisions in the litigation process, like evaluating a case, deciding whether to settle, and if so, on what terms. We find that insurers, though not entirely immune to the effects of cognitive illusions that have been shown to …

Appellate Review Of Discovery Orders In Federal Court: A Suggested Approach For Handling Privilege Claims, Cassandra Burke Robertson

Washington Law Review

The federal circuit courts of appeals have generally recognized that a party suffers real hardship when the district court erroneously orders it to disclose privileged information. Review of the disclosure order after final judgment is usually an insufficient remedy; once the information has been disclosed, it can never again be fully confidential. Consequently, the courts have struggled to provide a mechanism by which such orders can be immediately appealed. However, privilege orders presenting novel questions of law or issues of first impression do not clearly fit within the doctrinal requirements of the most common methods of interlocutory review. Appellate courts …

Collecting Fugitive Literature: Bringing Collection Development Expertise Into The Digital Age, Karen Schmidt, Wendy Shelburne, David Vess

Scholarly Publications

This presentation reflects the work that Wendy Shelburne, David Vess, and I engaged in to collect hate literature from the web. The research was later accepted by Library Resources & Technical Services for publication in 2008.