Digital Commons Network^™

The Future Of Internet Governance, Tim Wu, David A. Gross

Faculty Scholarship

The issues surrounding Internet naming and Internet governance have been controversial since the mid-1990s. But public attention was drawn to Internet governance in the early 2000s when Europe and other countries declared themselves unhappy with how Internet governance was working, how the domain names were being assigned, and other issues. David, can you summarize what was happening in the early 2000s that created controversy in this area?

Considerations For Delivery Of Online Professional Development Courses For Childcare Professionals, Heather Marie Bauer Olsen

Dissertations and Theses @ UNI

In an age of increasing accountability, childcare professionals are held responsible for providing young children quality early care and education. The unfortunate reality is that it is challenging for childcare professionals to pursue training because of the cost of training, family responsibilities, and scheduling conflicts. The Internet has the capability to knock down those barriers in the childcare profession, and has expanded the availability of information and has created avenues for teaching and learning.

The purpose of this study was to gain an understanding of the factors that will give online professional development instructors a better insight into the characteristics …

New Mexico Data Users Conference_2007, University Of New Mexico Bureau Of Business And Economic Research, New Mexico Economic Development Department

BBER Publications

This report compiles statewide and county-level demographic, economic, labor force, industry, trade, tourism, and population data for New Mexico. The publication includes economic forecasts, employment and income trends, export profiles, county profiles, and extensive data resources intended for planners, researchers, businesses, and government agencies.

Annual Economic Outlook Conference_Jan 2007, University Of New Mexico Bureau Of Business And Economic Research

BBER Publications

This report provides an overview of New Mexico's economic conditions, including employment, income, population growth, tourism, exports, manufacturing, and county-level demographic indicators. The volume combines economic forecasts with extensive state and local datasets intended to support business, government, and academic research.

Missing The Link: The Importance Of Keeping Ecosystems Intact And What The Endangered Species Act Suggests We Do About It, Kalyani Robbins

Faculty Publications

The Endangered Species Act was created in response to a rapid decline in species biodiversity. Although Congress chose direct protection of individual species as its tool, protecting ecosystems (a necessary component of biodiversity) was clearly one of the goals for which that tool was to be used. A species can be abundant in some areas and declining in others, such that protecting the entire species does not make sense. Congress dealt with this issue by amending the Endangered Species Act in 1978 to allow for protection of “distinct population segments,” thereby allowing the population in decline to be protected in …

Assessment Of The Source And Transformation Of Nitrate In The Cedar River Watershed By Using Stable Isotopes Of Nitrogen, Sushil Gautam

Dissertations and Theses @ UNI

Stable isotopes of nitrogen were used to assess the source and fate of nitrate in the Cedar River Watershed, Iowa. Ground water samples from 20 private wells and surface water samples from 10 sites in the Cedar River and its tributaries were collected. A total of 90 samples were collected during the growing season from May through September 2006. In 35% of the wells, nitrate concentration exceeded the U.S. Environmental Protection Agency's recommended maximum contaminant level (MCL) of 45 mg/1 (as NO3-) for drinking purposes. Eight (8) out of 10 samples exceeded MCL for nitrate in the first set of …

Expression Profiling Of Human Donor Lungs To Understand Primary Graft Dysfunction After Lung Transplantation, Monika Ray, Sekhar Dharmarajan, Johannes Freudenberg, Weixiong Zhang, Alexander G. Patterson

All Computer Science and Engineering Research

Lung transplantation is the treatment of choice for end-stage pulmonary diseases. A limited donor supply has resulted in 4000 patients on the waiting list. Currently, 10-20% of donor organs offered for transplantation are deemed suitable under the selection criteria, of which 15-25% fails due to primary graft dysfunction (PGD). This has resulted in increased efforts to search for alternative donor lungs selection criteria. In this study, we attempt to further our understanding of PGD by observing the changes in gene expression across donor lungs that developed PGD versus those that did not. Our second goal is to use a machine …

Combined Controllers That Follow Imperfect Input Motions For Humanoid Robots, Gazihan Alankus, Burchan O. Bayazit

All Computer Science and Engineering Research

Humanoid robots have the potential to become a part of everyday life as their hardware and software challenges are being solved. In this paper we present a system that gets as input a motion trajectory in the form of motion capture data, and produces a controller that controls a humanoid robot in real-time to achieve a motion trajectory that is similar to the input motion data. The controller expects the input motion data not to be dynamically feasible for the robot and employs a combined controller with corrective components to keep the robot balanced while following the motion. Since the …

Gathering Around The Organizational Campfire: Storytelling As A Way Of Maintaining And Changing For-Profit Organizational Cultures, Steven Austin Stovall

Antioch University Dissertations & Theses

Stories abound in the business world. They may be called "success stories," "best practices sharing," or even simply "stories," but however they are referred to, these tales not only become part of the organizational culture, but they also help define it. This study examines storytelling among for-profit organizations to demonstrate how stories are selected, told, and related to employees for the purposes of either changing the organizational culture or helping to maintain the existing one. Four companies have been chosen to capture the nature of storytelling as it relates to the sharing of cultural information within these firms. Using the …

Extending And Measuring The Quality Of Fresh-Cut Fruit And Vegetables: A Review, Ana Belen Martin-Diana, Daniel Rico, Gary Henehan, Jesus Maria Frias, J. Barat

Articles

The market sales of ready - to - use vegetables have grown rapidly in recent decades as a result of changes in consumer attitudes especially consumption of fresh-cut lettuce and carrot due to their use in prepared salads. Chlorine solutions have been widely used to sanitise fruit and vegetables in the fresh-cut industry. However, the association of chlorine with the possible formation of carcinogenic chlorinated compounds in water has called into question the use of chlorine in food processing. There is a real need to find alternatives for preservation of fresh-cut fruit and vegetables in order to improve the efficacy …

Enterobacter Sakazakii: An Emerging Microbe With Implications For Infant Health, N. R. Mullane, B. Healy, Ciara Walsh, C. Iversen, P. Whyte, P. G. Wall, T. Quinn, Seamus Fanning

Articles

Enterobacter sakazakii (E. sakazakii) is an opportunistic pathogen and the aetiological agent in rare but life-threatening cases of meningitis, necrotizing enterocolitis, and sepsis in infants. Among infants, those at greatest risk are neonates (<28 >days), particularly those born prematurely or of low birth weight (g). Consumption of contaminated powdered infant formula (PIF) has been epidemiologically linked with cases of infection. Contamination can occur during the manufacturing process or during postmanufacture reconstitution of formula. Development of rapid, sensitive and specific detection methods will facilitate manufacturers efforts to reduce the occurrence of E. sakazakii in the final powdered product. Furthermore, since PIF …

Development And Assessment Of A Rapid Method To Detect Escherichia Coli O26, O111 And O157 In Retail Minced Beef., Mary Murphy, Anne Carroll, Paul Whyte, Micheál O'Mahoney, Wayne Anderson, Eleanor Mcnamara, Seamus Fanning, Ciara Walsh

Articles

A molecular-based detection method was developed to detect Escherichia coli O26, O111 and O157 in minced (ground) beef samples. This method consists of an initial overnight enrichment in modified tryptone soya broth (mTSB) and novobiocin prior to DNA extraction and subsequent serogrouping using a triplex PCR. This method has a low limit of detection and results are available within 24 hours of receipt of samples. Once optimized, this rapid method was utilized to determine the prevalence of these E. coli serogroups in six hundred minced beef samples all of which were previously examined by immunomagnetic separation (IMS) and selective plating …

The Director's Desk Berryman Institute Addresses Feral Hog Problems, Bruce D. Leopold

Human–Wildlife Interactions

No abstract provided.

Preserving Deep-Sea Natural Heritage: Emerging Issues In Offshore Conservation And Management, Aj Davies, Jm Roberts, J Hall-Spencer

School of Biological and Marine Sciences

No abstract provided.

Annual Report 2005-2006, Connie Jan Maraan

SDRC Publications

No abstract provided.

Tort Negligence, Cost-Benefit Analysis, And Tradeoffs: A Closer Look At The Controversy, Kenneth Simons

Faculty Scholarship

What is the proper role of cost-benefit analysis in understanding the tort concept of negligence or reasonable care? A straightforward question, you might think. But it is a question that manages to elicit groans of exasperation from those on both sides of the controversy.

For most utilitarians and adherents to law and economics, the answer is obvious: to say that people should not be negligent is to say that they should minimize the sum of the costs of accidents and the costs of preventing accidents. Under the economic formulation of the famous Learned Hand test, they should take a precaution …

Before Competition: Origins Of The Internal Affairs Doctrine, Frederick Tung

Faculty Scholarship

To the modern corporate scholar and lawyer, the internal affairs doctrine seems in the natural order ofthings. Corporate law is state law. Each corporation is formed under the law of its chosen state ofincorporation. To ensure consistency and predictability, that law must govern the corporation's internalaffairs. Yet the origin of such a doctrine is puzzling. Respecting the firm's choice of corporate law, thedoctrine forces state legislatures into competition to attract incorporations. But how did legislatures come to concede their traditional territorial regulatory authority, and instead agree to compete? This Article solves this puzzle, offering the first account of the doctrine's …

Participatory Gis Approaches To Environmental Impact Assessment: A Case Study Of The Appalachian Corridor H Transportation Project., Ram Alagan

Graduate Theses, Dissertations, and Problem Reports (ETD)

This dissertation explores the strengths and weaknesses of Participatory Geographic Information System (PGIS) approaches to Environmental Impact Assessment (EIA) with a specific focus on the potential contribution of Geo-visualization (GVIS) in this process. The approach draws heavily on concepts developed under the broad umbrella of GIS and Society and Critical GIS. PGIS recognizes the political economy of GIS in terms of data access, data representation, structural knowledge distortion, and community empowerment as being legitimate and significant issues in the application of GIS in community projects. EIA has been adopted as one of several important environmental practices that seek to engage …

Student-Instructor Conflict: The Relationship Between Instructor Communicative Characteristics And Student Conflict-Handling Styles., Karissa L. Zigarovich

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to examine student conflict-handling styles in regard to six perceived instructor communication traits: humor, relevance, clarity, affinity seeking, caring, and verbal aggressiveness. Participants were 286 undergraduate students enrolled in sociology courses at a large Mid-Atlantic university. Results indicated that (a) students who perceive their instructor as humorous, relevant, clear, engaging in affinity seeking and caring, but not verbally aggressive are likely to use cooperative (i.e., collaborating, compromising) conflict-handling styles; (b) students who perceive their instructor as clear are likely to not use an uncooperative (i.e., avoiding) conflict-handling style; (c) students who perceive their instructor …

Consumer Law As Tax Alternative, Rory Van Loo

Faculty Scholarship

Policymakers and scholars have in distributional conversations traditionally ignored consumer laws. Tax law dominates distributional conversations partly because legal rules are seen as less efficient and partly because consumer law research speaks to narrow and siloed contexts. Even millions of dollars in reduced credit card fees seem trivial compared to the trillion-dollar growth in income inequality that has sparked concern in recent decades. This Article is the first to synthesize the fragmented studies quantifying inefficiently higher consumer prices across diverse markets — called overcharge. These studies indicate that laws reducing overcharge could make a substantial reduction in inequality. Moreover, this …

The "Male Problematic" And The Problems Of Family Law: A Response To Don Browning's "Critical Familism", Linda C. Mcclain

Faculty Scholarship

This essay explores the relationship between the male problematic and the problems of family law. The problem of fatherhood, or what religion scholar and marriage movement leader Don Browning calls the male problematic, is a central concern of that movement. The premise is that marriage addresses a core societal challenge - binding men to the mothers of the children they foster and securing men's paternal investment in those children. The essay responds to Browning's review (in 56 Emory Law Journal 1383 (2007)) of my book, The Place of Families: Fostering Capacity, Equality, and Responsibility (Harvard University Press, 2006), in which …

Love, Marriage, And The Baby Carriage: Revisiting The Channelling Function Of Family Law, Linda C. Mcclain

Faculty Scholarship

This Article revisits a significant idea at the core of contemporary debates in family law: the channeling function of family law. This idea is that a basic purpose of family law is to support fundamental social institutions, like marriage and parenthood, and to steer people into participating in them. Family law scholar Carl Schneider helpfully invited attention to this familiar idea in an essay published fifteen years ago. Challenges to the conventional sequence (expressed in the childhood rhyme) of love-marriage-baby carriage posed by changing social practices, rights claims made by various groups within society that lead to legislative change and …

Prologue To A Voluntarist War Convention, Robert D. Sloane

Faculty Scholarship

This Article attempts to identify and clarify what is genuinely new about the ¿new paradigm¿ of armed conflict after the attacks of September 11, 2001. Assuming that sound policy counsels treating certain aspects of the global struggle against modern transnational terrorist networks within the legal rubric of war, this Article stresses that the principal challenge such networks pose is that they require international humanitarian law, somewhat incongruously, to graft conventions - in both the formal and informal senses of that word - onto an unconventional form of organized violence. Furthermore, this process occurs in a context in which one diffuse …

Article Iii And Supranational Judicial Review, Henry Paul Monaghan

Faculty Scholarship

With the rise of supranational legislative bodies, the use of supranational adjudicatory bodies has also increased. These adjudicatory bodies have even been allowed to review the domestic law decisions offederal administrative agencies, and their decisions are insulated from any review by Article III courts. These developments have been met by intense opposition. This Article addresses the question whether, as claimed by several writers, the emerging supranational adjudicatory order impermissibly contravenes the "essential attributes of the judicial power established by Article III." Examining two case studies, the North American Free Trade Agreement (NAFTA) and the Supreme Court's recent decisions regarding Article …

Desperately Seeking Consideration: The Unfortunate Impact Of U.C.C. Section 2-306 On Contract Interpretation, Victor P. Goldberg

Faculty Scholarship

In Section 2-306, the Uniform Commercial Code's drafters intended to assure that two classes of agreements would be enforceable, even though they might appear on their face to be illusory. Variable quantity (output and requirements) contracts were buttressed by reading in a good faith standard (§ 2-306(1)) and exclusive dealing contracts were made enforceable by reading in a best efforts standard (§ 2-306(2)). This was a big mistake. In this paper I show how these two fixes create problems for interpreting contracts. I use two well-known cases, Feld v. Henry S. Levy & Sons, Inc. and Wood v. Lucy, …

The Cost Of Norms: Tax Effects Of Tacit Understandings, Alex Raskolnikov

Faculty Scholarship

Most human interactions take place in reliance on tacit understandings, customary practices, and other legally unenforceable agreements. A considerable literature studying these informal arrangements (commonly referred to as social norms) has a decidedly positive flavor, arguing that many, if not most, of these norms are welfare enhancing. This Article looks at the less-appreciated darker side of social norms. It combines an analysis of modern sophisticated tax planning techniques with existing empirical studies of commercial relationships to reveal a disturbing connection. By relying on tacit understandings rather than express contractual terms, many taxpayers shift some of their tax liabilities to those …

The Morality Of Property, Thomas W. Merrill, Henry E. Smith

Faculty Scholarship

The relationship between property and morality has been obscured by three elements in our intellectual tradition. First is the assumption, which can be traced to Bentham, that property is a pure creature of law. An institution assumed to be wholly dependent on law for its existence is unlikely to be infused with strong moral content. Second is the related tradition, also Benthamite, of examining questions about property law from a utilitarian perspective. Utilitarianism is, of course, a moral theory. But in its modern applications, based on price theory and cost-benefit analysis, it adopts a framework largely indifferent to questions of …

Transparency And Determinacy In Common Law Adjudication: A Philosophical Defense Of Explanatory Economic Analysis, Jody S. Kraus

Faculty Scholarship

Explanatory economic analysis of the common law has long been subject to deep philosophical skepticism for two reasons. First, common law decisions appear to be cast in the language of deontic morality, not the consequentialist language of efficiency. For this reason, philosophers have claimed that explanatory economic analysis cannot satisfy the transparency criterion, which holds that a legal theory's explanation must provide a plausible account of the relationship between the reasoning it claims judges actually use to decide cases and the express reasoning judges provide in their opinions. Philosophers have doubted that the economic analysis has a plausible account of …

The Role Of Governmental Purpose In Constitutional Judicial Review, Calvin R. Massey

Faculty Scholarship

No abstract provided.

How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt

Faculty Scholarship

As one of four contributors to an issue celebrating Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution, I have chosen to write an Essay that differs from an ordinary review. I compare the authors' approach with two other recent formulations of what should be central for the jurisprudence of the Religion Clauses. Since I have recently published my own treatment of the Free Exercise Clause, and a second volume on the Establishment Clause is in the pipeline toward publication, I do not here present my own positive views (though I provide references for interested readers). Those views …