Digital Commons Network^™

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

Articles

THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …

The Myth (And Realities) Of Forum Shopping In Transnational Insolvency, John A. E. Pottow

Articles

A decade ago, in 1996, the landscape of transnational insolvencies was vastly different from today. The UNCITRAL Model Law had not been finished, the efforts at the E.U. Insolvency Treaty were jeopardized by mad cows, and no one had heard of Chapter 15. Now, all three universalist projects are up and running, putting universalism in a comfortable state of ascendancy. The paradigm has not been without critics, however, the most persistent and eloquent of which has been Professor Lynn LoPucki. LoPucki has periodically attacked universalism on a number of grounds. These grievances include a sovereigntist complaint of universalism's insensitivity to …

A Novel Category Of Vague Abstracta, Jeffrey C. Goodman

Faculty Scholarship

Much attention has been given to the question of ontic vagueness, and the issues usually center around whether certain paradigmatically concrete entities – cats, clouds, mountains, etc. – are vague in the sense of having indeterminate spatial boundaries.  In this paper, however, I wish to focus on a way in which some abstracta seem to be locationally vague.  To begin, I will briefly cover some territory already covered regarding certain types of “traditional” abstracta and the ways they are currently alleged to be vague.  I then wish to discuss two types of “nontraditional” abstracta and the sense in which I …

The Diffusion Of Distance Learning Technologies: Its Perceived Effectiveness And Use Among Faculty And Instructors At Minority Serving Institutions, Faye M. Bradshaw

All-Inclusive List of Electronic Theses and Dissertations

The purpose of this study was to identify those key factors which influence the diffusion of distance learning technologies into teaching and learning activities at minority serving institutions. The type of research employed in this research was both descriptive and correlational. The research utilized a web-based survey ( Faculty Survey of Instructional Technology ). The survey consisted of four sub-scales: General Information, Perceived Attributes, Perceived Barriers, and Adopter Categories/Technology Proficiency. The results showed that there was a relationship between participant characteristics and perceived attributes and barriers which may mitigate the adoption and use of distance learning technologies. All results are …

The Learning Impact Of Computer Mediated Communication On Computer-Based Training, Mark A. Revels

All-Inclusive List of Electronic Theses and Dissertations

Trainee performance using computer-based training (CBT) may be related to the degree of interaction that occurs between trainees and the instructor, or between trainees and each other. This is significant in that the individualized nature of CBT (and perhaps Web-based training) is contrary to the social interaction needs of trainees. Using relevant pedagogical and social communication theories as a basis, this study employed empirical research methods on undergraduate participants to achieve the following objectives: to explore the use of computer mediated communication (CMC) as a surrogate for face-to-face interaction with CBT trainees, and to provide research-based recommendations for human resource …

Coordinated Machine Learning And Decision Support For Situation Awareness, Timothy Draelos, Pengchu Zhang, Donald C. Wunsch, John E. Seiffertt Iv, Gregory Conrad, Nathan Brannon

Electrical and Computer Engineering Faculty Research & Creative Works

For applications such as force protection, an effective decision maker needs to maintain an unambiguous grasp of the environment. Opportunities exist to leverage computational mechanisms for the adaptive fusion of diverse information sources. The current research employs neural networks and Markov chains to process information from sources including sensors, weather data, and law enforcement. Furthermore, the system operator's input is used as a point of reference for the machine learning algorithms. More detailed features of the approach are provided, along with an example force protection scenario.

Aeronautical Telemetry Using Multiple-Antenna Transmitters, Michael A. Jensen, Michael D. Rice, Adam L. Anderson

Faculty Publications

The placement of multiple antennas on an air vehicle is one possible practice for overcoming signal obstruction created by vehicle maneuvering during air-to-ground transmission. Unfortunately, for vehicle attitudes where more than one of these antennas has a clear path to the receiving station, this practice also leads to self-interference nulls, resulting in dramatic degradation in the average signal integrity. This paper discusses application of unitary space-time codes such as the Alamouti transmit diversity scheme and unitary differential space-time codes to overcome the self-interference effect observed in such systems. The mathematical foundations of these techniques within the context of this application …

The Relevance Of Feenberg's Critical Theory Of Technology To Critical Visual Literacy: The Case Of Scientific And Technical Illustrations, Kathryn M. Northcut

English and Technical Communication Faculty Research & Creative Works

Andrew Feenberg's critical theory of technology is an underutilized, relatively unknown resource in technical communication which could be exploited not only for its potential clarification of large social issues that involve our discipline, but also specifically toward the development of a critical theory of illustrations. Applications of critical theory help strengthen our discipline by forcing us to delineate extant approaches and consider whether democratic goals are being achieved through those approaches. If a critical theory of illustrations can be built from Feenberg's critical theory of technology, it should be useful for classroom instructors and researchers as well as theorists.

Chemistry And Biology Of Streptogramin A Antibiotics, Fahim Ahmed, William A. Donaldson

Chemistry Faculty Research and Publications

The streptogramin A antibiotics have proven to be highly active against Gram positive bacteria, particularly methicillin-resistant Staphylococcus aureus. Members of this group of compounds are characterized by a 23-membered macrocycles containing polyene, oxazole, amide and ester functionality. The chemistry and biology of these valuable antimicrobial agents is covered.

Fundamental Enterprise Income Tax Reform In China: Motivations And Major Changes, Jinyan Li

Articles & Book Chapters

In March 2007, the National People's Congress of China promulgated a new Enterprise Income Tax Law (EIT Law), which takes effect on 1 January 2008 and is the first law in Chinese history that imposes an income tax on all forms of enterprise. It replaces the current FIE Income Tax Law applicable to enterprises with foreign direct investment and the Interim Enterprise Income Tax Regulations applicable to Chinese-owned enterprises. Most notably, the EIT Law abolishes the tax incentives available only to foreign-investment enterprises and introduces a general tax rate that is internationally competitive. The promulgation of the EIT Law symbolizes …

“Introduction” To Modeling Complex Systems: Volume 52 Of The Nebraska Symposium On Motivation, Bill Shuart, William D. Spaulding, Jeffrey Poland

Department of Psychology: Faculty Publications

Capturing the complexity of human behavior has been a recurring theme in the Nebraska Symposium on Motivation:
We expect behavior to be patterned or integrated, and to make biological sense; and so patterning and biological utility are what we see. And of course what we see is actually there-behavior in general is not chaotic; it is organized. (Nissen, 1954, p. 314)
When fundamental psychologists do make excursions into the human motivational world ... it is rare that they survey the requirements for theory or pre-theory by intensive descriptive analysis of behavior related to such motives as produced by concrete human …

When Quantity Trumps Number: Discrimination Experiments In Cotton-Top Tamarins (Saguinus Oedipus) And Common Marmosets (Callithrix Jacchus), Jeffrey R. Stevens, Justin N. Wood, Marc D. Hauser

Department of Psychology: Faculty Publications

The capacity for non-linguistic, numerical discrimination has been well characterized in non-human animals, with recent studies providing careful controls for nonnumerical confounds such as continuous extent, density, and quantity. More poorly understood are the conditions under which animals use numerical versus nonnumerical quantification, and the nature of the relation between these two systems. Here we test whether cotton- top tamarins and common marmosets can discriminate between two quantities on the basis of the amount of food rather than on number. In three experiments, we show that when choosing between arrays containing different numbers and sizes of food objects, both species …

Baby Dragons: The Story Of Moorhead's Campus School 1888-1972, Steve Grineski

Histories of MSUM

No abstract provided.

Collaboration Technologies And The Supervisory Control Of Ucavs In Tactical C2: Effects On Performance And Workload, Gregory J. Funke, April M. Bennett, W. Todd Nelson, Scott M. Galster

International Symposium on Aviation Psychology - 2007

The present study was an initial attempt to characterize team performance, workload, and situational awareness associated with two types of UCAV control schemes coupled with several collaboration technologies. Six people participated in a simulated suppression of enemy air defense (SEAD) mission, which required cooperation between all participants in order to meet mission objectives. UCAVs were controlled by UCAV operators and supervised by air battle managers (ABMs) or controlled directly by ABMs. Participants could communicate verbally, through instant messages, and on some trials, using a virtual whiteboard. Results of the experiment indicated that team performance was negatively impacted by direct UCAV …

2007-2008, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

2007 South Dakota Beef Report, Department Of Animal And Range Sciences, South Dakota State University, Agricultural Experiment Station, South Dakota State University, Cooperative Extension Service, South Dakota State University

South Dakota Beef Report, 2007

This is the 2007 South Dakota Beef Report. The articles published in this report summarize many of the beef cattle research activities conducted at South Dakota State University during 2007. The articles in this report have many levels of application. Some information has immediate application for your farm, ranch, or agribusiness. The articles include information on nutrition, feed management, reproductive management, health, growth and development, and economics of the cattle and beef industry in South Dakota.

Plasma Ghrelin Concentrations Of Beef Cattle Consuming A Similar Amount Of Dietary Energy Supplied By Different Ingredients, Aimee Wertz-Lutz, Jeff Clapper, Jenny Thurlow, Donald Beitz, Allen Trenkle

South Dakota Beef Report, 2007

Previous research demonstrated that restricting nutrient intake by decreasing DMI of a high-grain diet increased plasma ghrelin concentrations. Objectives of this experiment were to determine 1) whether dietary ingredient composition influenced plasma ghrelin concentrations when energy intake was similar, and 2) whether relationships existed between plasma ghrelin concentrations and plasma insulin, NEFA, and GH concentrations or end-products of carbohydrate fermentation in the rumen. Five steers (1290 ± 39.9 lb) were used in a crossover design with dietary treatments of 50% hay-50% concentrate (HAY) offered at an amount that would meet the steer’s NEm requirement plus supply an additional 3.5 Mcal …

Effects Of Increasing The Dietary Energy Density By Replacing Grass Hay With Soybean Hulls And Dried Distillers Grains With Solubles On Nutrient Digestibility And Rumen Fermentation, Aimee Wertz-Lutz, Robert Zelinsky, Jeffrey Held

South Dakota Sheep Research Reports, 2006-07

We hypothesize that soybean hulls (SH) and dried distillers grains with solubles (DDGS) can be used in lamb diets to increase dietary energy density compared with a traditional grass hay (GH) and soybean meal (SBM) diet without causing adverse effects on nutrient digestibility and rumen function. To test this hypothesis, four ruminally-cannulated wethers were used in a 4x4 Latin square design to determine the effects of replacing GH with SH and replacing SBM with DDGS on nutrient digestibility and rumen fermentation. All diets were formulated to contain 60% roughage and 40% concentrate on DM basis. Dietary roughage source, however, varied …

Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer

Faculty Articles

Article III authorizes and the Judicial Code grants federal subject matter jurisdiction over civil cases "arising under" federal law. The Supreme Court has interpreted these words differently, however, in their constitutional and statutory contexts. While the constitutional text is read broadly, the Court has imposed three limitations on the same words in the statutory grants of federal question jurisdiction: (1) the ''well-pleaded complaint" rule; (2) a requirement that the federal issues be sufficiently "direct" or "central', to the dispute to justify access to the federal courts; and (3) a requirement that the federal assertion be "substantial." These limitations are meant …

The Avoidance Canon: From The Cold War To The War On Terror, Lisa A. Kloppenberg

University of Dayton Law Review

Symposium: Enacting and Interpreting Statutes in the Constitution's Shadows

The Rollamo 2007, Missouri University Of Science And Technology

Yearbooks

No abstract provided.

Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter

Richmond Journal of Law & Technology

Nineteenth Century philosopher Jeremy Bentham designed a prison system known as the Panopticon which was arranged in such a way that a single guard could, at any given time, view the activities and whereabouts of any particular prisoner. Bentham designed the prison in such a way that the prisoners could never tell whether they were being watched. Twentieth Century French philosopher Michel Foucault further considered use of the Panopticon as a means of societal control through fear in his seminal book Discipline and Punish: The Birth of the Prison.

When Offshore Activities Become Infringing: Applying § 271 To Technologies That “Straddle” Territorial Borders, Eric W. Guttag

Richmond Journal of Law & Technology

Patents have traditionally been territorial creatures. The territorial nature of U.S. patents is reflected by the main infringement statute, § 271 of Title 35. For example, § 271(a) says that “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefore, infringes the patent.”

From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell

Richmond Journal of Law & Technology

A well-respected judge recently was asked to speak to a law school Administrative Law class. When he took the podium, he noticed that most of the students had laptops in front of them. As he was talking, the students’ fingers were flying across the keyboards, making clicking noises, their eyes fixed on the screens in front of them. Several times he noticed grins or frowns on the students’ faces, but the facial expressions were clearly unrelated to what he was saying. About twenty minutes into his talk, the judge, exasperated, clapped his hands together several times, calling out, “Is anyone …

Blogger Beware: Ethical Considerations For Legal Blogs, Adrienne E. Carter

Richmond Journal of Law & Technology

Attorneys are, in a sense, their own gatekeepers. Like many professions, the legal profession is self-regulating.2 However, ethical and professional rules have always acted as the gates of attorney conduct – restricting and guiding attorneys in their professional actions. Ethical rules continue to serve this function when attorneys utilize the Internet to reach a larger community.

Sex Differences In The Onset Of Seasonal Reproductive Quiescence In Hamsters, Annaliese K. Beery, Justin J. Trumbull, Jyeming M. Tsao, Ruth M. Costantini, Irving Zucker

Neuroscience: Faculty Publications

Day length is the primary cue used by many mammals to restrict reproduction to favourable spring and summer months, but it is unknown for any mammal whether the seasonal loss of fertility begins at the same time and occurs at the same rate in females and males; nor it established whether the termination of mating behaviour in males and females coincides with the loss of fertility. We speculated that females, owing to their greater energetic investment in reproduction, are the limiting sex in terminating offspring production in short days (SDs). Oestrous cycles and production of young were monitored in Syrian …

Devolution Of Federal Agricultural Policy: The Case Of Specialty Crop Block Grants, Jay E. Noel, David Schweikhardt

Agribusiness

There is a lengthy history of devolution of federal policy and programs to the states through the use of grants-in-aid in general and block grants in particular. In the area of agricultural policy, for example, programs for agricultural research and extension have, since their origin, been jointly funded by a system of grants from the federal government to the states. In recent years, the possible consequence of a major devolution of farm policy and programs from the federal government to the states has received much attention.

American Husbandry: Legal Norms Impacting The Production Of (Re)Productivity, Camille Nelson

Scholarly Articles in Law Reviews & Journals

This article concentrates on the normative legal structure that established complete control over female slaves by sanctioning their subjugation to further slaveholders’ profit maximization and social domination. The criminal law sanctioned the rape of slave women, and the legal doctrine of partus sequitur ventrem mandated that the legal status of children born to slave women was determined by the mother’s legal status. The slave master derived an economic benefit from ensuring slave women had as many children as possible. This system ensured that slave women held no legally protected autonomy over their own bodies or over their own offspring.

Such …

Reviving Lazarus: Status Of The Fda Compliance Defense After Bates V. Dow Agrosciences And The New Fda Regulations, Jason T. Ams

Kentucky Law Journal

No abstract provided.

"Deep" Impact: Can A Tort Theory Of Deepening Insolvency Survive In The "Options Backdating" Era?, Phillip G. Lewis

Kentucky Law Journal

No abstract provided.