Digital Commons Network^™

The Fourth Amendment Status Of Stored E-Mail: The Law Professors' Brief In Warshak V. United States, Susan Freiwald, Patricia L. Bellia

Journal Articles

This paper contains the law professors' brief in the landmark case of Warshak v. United States, the first federal appellate case to recognize a reasonable expectation of privacy in electronic mail stored with an Internet Service Provider (ISP). While the 6th circuit's opinion was subsequently vacated and reheard en banc, the panel decision will remain extremely significant for its requirement that law enforcement agents must generally acquire a warrant before compelling an ISP to disclose its subscriber's stored e-mails. The law professors' brief, co-authored by Susan Freiwald (University of San Francisco) and Patricia L. Bellia (Notre Dame) and signed by …

The Great American Makeover: The Sexing Up And Dumbing Down Of Women's Work After Jespersen V. Harrah's Operating Company, Inc., Dianne Avery

Journal Articles

No abstract provided.

Suburbs As Exit, Suburbs As Entrance, Nicole Stelle Garnett

Journal Articles

Most academics assume that suburbanites are exiters who have abandoned central cities. The exit story is a foundational one in the fields of land-use and local-government law: Exiters' historical, social, and economic connections with their center cities are frequently used to justify both growth controls and regional government. The exit story, however, no longer captures the American suburban experience. For a majority of Americans, suburbs have become points of entrance to, not of exit from, urban life. Most suburbanites are enterers - people who were born in, or migrated directly to, suburbs and who have not spent time living in …

Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell

Journal Articles

The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …

Normative Gaps In The Criminal Law: A Reasons Theory Of Wrongdoing, Luis E. Chiesa

Journal Articles

No abstract provided.

Narrative, Disability, And Identity, David M. Engel, Frank W. Munger

Journal Articles

No abstract provided.

The Corporatization Of Communication, Eric Chiappinelli, Adam Candeub, Jeffrey Chester, Lawrence Soley

College of Communication Faculty Research and Publications

No abstract provided.

A Meta-Analysis Of Political Advertising, William L. Benoit, Glenn M. Leshner, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

Political advertising is one of the dominant media for reaching voters. Previous metaanalyses (Allen & Burrell, 2002; Lau, Sigelman, Heldman, & Babbitt, 1999) found little or no net benefit to negative versus positive ads. However, this finding does not reveal whether ads have effects (both or neither could be persuasive). A meta-analysis revealed that political spots increased issue knowledge, influenced perceptions of the candidates’ character, altered attitudes, and affected candidate preference; influenced agenda-setting, and altered vote likelihood (turnout). One moderator variable was detected: The effect size for learning was larger for studies of students than non-students; however, the effect size …

Who Is A Journalist And Why Does It Matter? Disentangling The Legal And Ethical Arguments, Erik Ugland, Jennifer Henderson

College of Communication Faculty Research and Publications

The contemporary debate about "who is a journalist" is occurring in two distinct domains: law and professional ethics. Although the debate in these domains is focused on separate problems, participants treat the central question as essentially the same. This article suggests that the debates in law and professional ethics have to be resolved independently and that debate within those domains needs to be more nuanced. In law, it must vary depending on whether the context involves constitutional law, statutory law, or the distribution of informal privileges by government officials. In professional ethics, the debate should not be oriented around a …

Life Without Water : Expression Of Plant Lea Genes By An Anhydrobiotic Arthropod., Steven Hand, Dana Jones, Michael Menze, Trudy Witt

Faculty and Staff Scholarship

Anhydrobiotic animals protect cellular architecture and metabolic machinery in the dry state, yet the molecular repertoire supporting this profound dehydration tolerance is not fully understood. For the desiccation-tolerant crustacean, Artemia franciscana, we report differential expression of two distinct mRNAs encoding for proteins that share sequence similarities and structural features with late-embryogenesis abundant (LEA) proteins originally discovered in plants. Bioinformatic analyses support assignment of the LEA proteins from A. franciscana to group 3. This eucoelomate species is the most highly evolved animal for which LEA gene expression has been reported. It is becoming clear that an ensemble of micromolecules and macromolecules …

Multiclass Cancer Classification Using Semisupervised Ellipsoid Artmap And Particle Swarm Optimization With Gene Expression Data, Georgios C. Anagnostopoulos, Donald C. Wunsch, Rui Xu

Electrical and Computer Engineering Faculty Research & Creative Works

It is crucial for cancer diagnosis and treatment to accurately identify the site of origin of a tumor. with the emergence and rapid advancement of DNA microarray technologies, constructing gene expression profiles for different cancer types has already become a promising means for cancer classification. In addition to research on binary classification such as normal versus tumor samples, which attracts numerous efforts from a variety of disciplines, the discrimination of multiple tumor types is also important. Meanwhile, the selection of genes which are relevant to a certain cancer type not only improves the performance of the classifiers, but also provides …

Non-Pecuniary Interests And The Injudicious Limits Of Appellate Standing In Bankruptcy, S. Todd Brown

Journal Articles

Standing to appeal bankruptcy court orders today is limited to those with a pecuniary interest. This prudential limitation is based on the person aggrieved requirement of Section 39(c) of the Bankruptcy Act of 1898 - a requirement that was not included in the Bankruptcy Code. This article examines the extensive differences between the Act and the Code, the potential justifications for extending the pecuniary interest test in spite of the omission of the person aggrieved requirement, and the potential ramifications for parties and the integrity of the bankruptcy process. This analysis suggests that standing to appeal bankruptcy orders should be …

Neuroimaging And The "Complexity" Of Capital Punishment, O. Carter Snead

Journal Articles

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and the public square, the contours of a project to transform capital sentencing both in principle and in practice have emerged. In the short term, these scientists seek to play a role in the process of capital sentencing by serving as mitigation experts for defendants, invoking neuroimaging research on the roots of criminal violence to support their arguments. Over …

Addressing The Incoherency Of The Preemption Provision Of The Copyright Act Of 1976, Joseph P. Bauer

Journal Articles

Section 301 of the Copyright Act of 1976 expressly preempts state law actions that are within the "general scope of copyright" and that assert claims that are "equivalent to" the rights conferred by the Act. The Act eliminated the previous system of common law copyright for unpublished works, which had prevailed under the prior 1909 Copyright Act. By federalizing copyright law, the drafters of the statute sought to achieve uniformity and to avoid the potential for state protection of infinite duration.

The legislative history of § 301 stated that this preemption provision was set forth "in the clearest and most …

Planning As Public Use?, Nicole Stelle Garnett

Journal Articles

This short Essay explores the Supreme Court's suggestion in Kelo v. New London that public, participatory planning may be a constitutional safe harbor that separates impermissible private takings from presumptively valid public ones. After briefly reviewing the Court's discussion of the planning that preceded the Kelo litigation, the Essay examines how Kelo's emphasis on planning departs from standard rational basis review of economic policies and asks what such a departure means for future public-use litigants. The Essay then explores three possible practical benefits of a constitutional rule that encourages the government to engage in detailed planning before exercising the power …

Grasping Smoke: Enforcing The Ban On Political Activity By Charities, Lloyd Histoshi Mayer

Journal Articles

The rule that charities are not allowed to intervene in political campaigns has now been in place for over fifty years. Despite uncertainty about the exact reasons for Congress' enactment of it, skepticism by some about its validity for both constitutional and public policy reasons, and continued confusion about its exact parameters, this rule has survived virtually unchanged for all of those years. Yet while overall noncompliance with the income tax laws has drawn significant scholarly attention, few scholars have focused on violations of this prohibition and the IRS' attempts to enforce it.
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Development Of Test Paradigms For Operant Conditioning Of Wild Norway Rats, Susan M. Jojola, Patrick W. Burke, Gary W. Witmer, Dale L. Nolte

United States Department of Agriculture Wildlife Services: Staff Publications

Many eradication efforts to remove rats (Rattus spp.) from islands have been successful. Eradications are expensive and labor-intensive which makes early detection of, and response to, reinvasion by rats critical. A better understanding of rat behavior could facilitate early detection and rapid response to intercept invaders, such as with trap placement and design, and toxic bait presentation and dispersal. This was a methods development study of test paradigms to operantly condition wild rats to run on an activity wheel and to press a lever for use in future behavior studies. Operant conditioning is the process of associating specific responses …

Variability In Microphysical Properties Of Mixed-Phase Arctic Clouds, David L. Brown

Theses and Dissertations

No abstract provided.

Awareness And Utilization Of Community Health-Related Resources And Events, Amanda L. Eickhoff

Theses and Dissertations

No abstract provided.

The Energetic Costs Of Digenean Trematode Metacercariae On The Swimming Performance Of Fish Hosts, Eric A. Bless

Theses and Dissertations

No abstract provided.

The Art Of The Letter, Rothanak Chhoun

Undergraduate Theses and Senior Projects

No abstract provided.

Varying Levels Of Expression Of Adf And Cofilin In The Rat Brain, Kjerstin Buboltz

Undergraduate Theses and Senior Projects

No abstract provided.

Factors That Influence The Usage Of Online Banking By The University Of North Dakota Students, Melissa Scherf

Undergraduate Theses and Senior Projects

No abstract provided.

Music Therapy In Performance : Producing A Dramatic Musical Work With A Group Of Developmentally Delayed Adults, Natasha Yearwood

Undergraduate Theses and Senior Projects

No abstract provided.

Reservoir Characterization Of The Broom Creek Formation For Carbon Dioxide Sequestration, Justin J. Kringstad

Undergraduate Theses and Senior Projects

This engineering design is aimed at providing a thorough investigation on the potential of carbon dioxide (CO2) sequestration in the Williston Basin’s Broom Creek Formation. The objective of the design is to characterize the Broom Creek’s reservoir properties and provide detailed results of CO2 sequestration capacity, plume migration, and safety level. The methodology used to obtain results is an incorporation of geology, reservoir engineering, and injection operations. The reservoir simulation operations were conducted using Schlumberger’s ECLIPSE (Schlumberger, 2006).

Alternative And Renewable Energy, Emil Opitz

Undergraduate Theses and Senior Projects

The world is going to run out of fossil fuels in the near future. An estimated one to two trillion barrels of oil is believed recoverable using today’s technologies. This amount of oil will last the world no more than 70 years, and perhaps only half that long. A system of alternative and renewable fuels is our only solution to this problem. With proper action and development, a worldwide energy crisis will be avoided.

We have an abundance of renewable and alternative energy sources that are not currently being used, enough to supply almost all of our energy needs. Wind …

The Impact Of Emotional Intelligence On Supervisor/Employee Communication, Joseph A. Martinez

University of the Pacific Theses and Dissertations

This study explort1d the impact of emotional intelligence on supervisor/employee communication. The purpose of th~s study was to investigate 1) how emotional intelligence affects supervisor and employee communication from both supervisors' and . employees' perspectives; 2) how supervisors and employees perceive the effects of emotional intelligence on the active listening of supervisors; and 3) relationships among supervisor/employee communication, emotional intelligence, and active listening. This study is expected to facilitate a better understanding of the relationship between active listening and the emotional intelligence of supervisors.

Focus groups were conducted to collect sup~rvisors' and employees' perceptions and thoughts on communication, emotional intelligence, …

Optimization Of Porcine Buccal Mucosa For In Vitro Evaluation, Upendra D. Kulkarni

University of the Pacific Theses and Dissertations

Porcine buccal mucosa has been extensively used as in vitro model to study the permeability of drugs and assess their potential to deliver through buccal route. Porcine buccal mucosa is found to be very similar to human oral mucosa in structure and function. However, the in vitro permeation studies across porcine buccal mucosa show high variability which is mostly due to the various experimental and biological variables that are often overlooked while conducting such studies.

The precise nature of the permeability barrier offered by the various tissue layers of buccal mucosa was investigated in this study. It was observed that …

College Students And Voter Mobilization Campaigns : A Grounded Communication Theory For Increasing Political Efficacy And Involvement, Vanessa M. Robinson

University of the Pacific Theses and Dissertations

This study examined which channels, messages, and sources were most effective in increasing political involvement among college students. Political participation among college students has decreased in every election since eighteen year- olds were given the right to vote. Numerous campaigns targeted to increase political participation among college students have been implemented but there is no evidence that these campaigns have been effective.

This study developed a grounded theory for increasing political participation among college students l;!ased on several focus group interactions. Students were asked to report on which channels, messages and sources they currently received political information from and were …

The Effects Of Fuel-To-Oxygen Stoichiometry And Temperature On Coal Ash Fine-Fragmentation Mode Formation Mechanisms, Gregory George Fix

Theses and Dissertations

No abstract provided.