Digital Commons Network^™

Nontestimonial Hearsay After Crawford, Davis And Bockting, Laird Kirkpatrick

GW Law Faculty Publications & Other Works

The Sixth Amendment of the United States Constitution bars some hearsay from being introduced against criminal defendants on the ground that it would violate their right to confront the witnesses against them. In a recent series of decisions - Crawford, Davis and Bockting - the U.S. Supreme Court has narrowed the scope of the Confrontation Clause by interpreting it to govern only testimonial hearsay. This article criticizes the analysis and process by which the Court reached its conclusion that the Confrontation Clause has no application to nontestimonial hearsay and raises questions of history and policy about the possible dangers of …

Nothing Is Real: Protecting The Regulatory Void Through Federal Preemption By Inaction, Robert L. Glicksman

GW Law Faculty Publications & Other Works

Whether a federal statute preempts state law has important implications for the allocation of power between the federal and state governments. One aspect of preemption doctrine that has received relatively little scholarly attention is whether the federal government's failure to act is capable of preempting state law and, if so, when. In the regulatory context, Congress must first decide whether as a normative matter it should preempt state law despite its decision not to regulate activities regulated by states. Once Congress has done so, the courts may need to interpret federal legislation to determine whether Congress has decided to preempt …

Judicial Interpretation In The Cost-Benefit Crucible, Jonathan R. Siegel

GW Law Faculty Publications & Other Works

This article responds to Professor Adrian Vermeule's new book, Judging Under Uncertainty. Professor Vermeule argues that (1) no one can empirically determine whether judicial use of legislative history or other interpretive methods that go beyond simple enforcement of plain text has any positive net benefits, but (2) we do know that such interpretive methods impose costs, and therefore (3) courts should discard such interpretive methods. This article suggests that (1) it is far from clear how costly these interpretive methods are, (2) it is also not clear that discarding them would result in any cost savings, both because of costs …

Effect Of Horizontal Piles On The Soil Bearing Capacity For Circular Footing Above Cavity, Rafael L. Arosemena

Electronic Theses and Dissertations

The design of foundation in normal soil conditions is governed by bearing capacity, minimum depth of foundation and settlement. However, foundation design in karst regions needs to consider an additional criterion associated to the possibility of subsurface subsidence and ravelling sinkholes. Under this environment, alternative techniques are needed to improve the subsurface soil. In this study general background information is given to understand the geological characteristics of Central Florida and why this area is considered to be a karst region and susceptible to sinkholes formation. Traditional foundation design techniques on karst regions are addressed in this paper. Finally, the use …

Controls Algorithm For A Satellite Using Earth's Magnetic Field: Orbit Maneuvers And Attitude Positioning, Karthik Ganesh

Electronic Theses and Dissertations

This document describes the design, analysis of Orbit Maneuvers and Attitude Control for NanoSat class satellites, which uses an electro-magnetic force controller which was proposed by the Florida Space Institute (FSI). Orbit Maneuvering and the Attitude Control System (ACS) play a very important role for the success of this mission, as that can allow making the satellite go to the desired orbit as well do the sun pointing of the solar arrays with su¢ cient accuracy to achieve desired power levels. The primary mission would be to attain attitude stabilization using the torque from the coils. This is also used …

Hybrid Photonic Signal Processing, Farzan Naseer Ghauri

Electronic Theses and Dissertations

This thesis proposes research of novel hybrid photonic signal processing systems in the areas of optical communications, test and measurement, RF signal processing and extreme environment optical sensors. It will be shown that use of innovative hybrid techniques allows design of photonic signal processing systems with superior performance parameters and enhanced capabilities. These applications can be divided into domains of analog-digital hybrid signal processing applications and free-space--fiber-coupled hybrid optical sensors. The analog-digital hybrid signal processing applications include a high-performance analog-digital hybrid MEMS variable optical attenuator that can simultaneously provide high dynamic range as well as high resolution attenuation controls; an …

Effect Of Repeated Function Allocation And Reliability On Automation Induced Monitoring Inefficiency, Lauriann Maria Jones

Electronic Theses and Dissertations

The purpose of this study is to extend previous findings of Mouloua, Parasuraman, and Molloy (1993), Parasuraman, Mouloua, and Molloy (1996), Hilburn, Parasuraman, and Mouloua (1996), and Oakley, Mouloua, and Hancock (2003) by: 1) examining the effect of repeated adaptive function allocation to manual control of minimal length (5 minutes) to reduce of human error and minimize workload; 2) explore the placement or timing of adaptive function allocation intervals (approximately 20 minutes of automation control to reduce the human operators' monitoring decrement between intervals, maintain adaptive recovery performance levels, and improve response times); 3) examine different levels of automation reliability …

Design For Auditory Displays: Identifying Temporal And Spatial Information Conveyance Principles, Ali Ahmad

Electronic Theses and Dissertations

Designing auditory interfaces is a challenge for current human-systems developers. This is largely due to a lack of theoretical guidance for directing how best to use sounds in today's visually-rich graphical user interfaces. This dissertation provided a framework for guiding the design of audio interfaces to enhance human-systems performance. This doctoral research involved reviewing the literature on conveying temporal and spatial information using audio, using this knowledge to build three theoretical models to aid the design of auditory interfaces, and empirically validating select components of the models. The three models included an audio integration model that outlines an end-to-end process …

The Impact Of Music On Postoperative Pain And Anxiety, Kelly Dixon Allred

Electronic Theses and Dissertations

Objective: The objective of this study was to add to the body of knowledge about the impact of music on postoperative pain and anxiety. The specific purpose of this research study was to determine if listening to music and/or having a quiet rest period just prior to and just after the first ambulation on postoperative day 1 can reduce pain and/or anxiety, or impact mean arterial pressure, heart rate, respiratory rate, and/or oxygen saturation in patients following a total knee arthroplasty. Methods: An experimental repeated measures design was used. Setting: A postoperative orthopedic unit in a 300-bed community hospital in …

Trophic Status Of A Small Mammal Assemblage On Cape Canaveral Air Force Station With An Emphasis On Peromyscus Polionotus Niveiv, Megan Keserauskis

Electronic Theses and Dissertations

Successful translocation of a listed species into an area of previous occupation requires knowledge of the habitat needs. The presence of the necessary food items is critical to the successful establishment of a new population; this information is unknown for Peromyscus polionotus niveiventris, the southeastern beach mouse, a threatened subspecies on the east coast of Florida. I used fecal and stable isotope analysis to determine the diet of this subspecies at Cape Canaveral Air Force Station, Brevard County, Florida, between the autumn of 2003 and the spring of 2005. Six trapping grids were established, three in the dune/swale and three …

Knowledge Based Measurement Of Enhancing Brain Tissue In Anisotropic Mr Imagery, Eric Leach

Electronic Theses and Dissertations

Medical Image Analysis has emerged as an important field in the computer vision community. In this thesis, two important issues in medical imaging are addressed and a solution for each is derived and synergistically combined as one coherent system. Firstly, a novel approach is proposed for High Resolution Volume (HRV) construction by combining different frequency components at multiple levels, which are separated by using a multi-resolution pyramid structure. Current clinical imaging protocols make use of multiple orthogonal low resolution scans to measure the size of the tumor. The highly anisotropic data result in difficulty and even errors in tumor assessment. …

Electrical Capacitance Volume Tomography Of High Contrast Dielectrics Using A Cuboid Geometry, Mark Nurge

Electronic Theses and Dissertations

An Electrical Capacitance Volume Tomography system has been created for use with a new image reconstruction algorithm capable of imaging high contrast dielectric distributions. The electrode geometry consists of two 4 x 4 parallel planes of copper conductors connected through custom built switch electronics to a commercially available capacitance to digital converter. Typical electrical capacitance tomography (ECT) systems rely solely on mutual capacitance readings to reconstruct images of dielectric distributions. This dissertation presents a method of reconstructing images of high contrast dielectric materials using only the self capacitance measurements. By constraining the unknown dielectric material to one of two values, …

Alternative Epigraphic Interpretations Of The Maya Snake Emblem Glyph, Christopher Tyra Savage

Electronic Theses and Dissertations

This thesis seeks to demonstrate that the Maya snake emblem glyph is associated with religious specialists, instead of geographic locations, as emblem glyphs are typically understood to be. The inscriptions and the media on which the snake emblem glyph occurs will be analyzed to determine the role or function of the "Lord of the Snake." Temporal and spatial data has also been collected to aid in understanding the enigmatic glyph. The snake emblem glyph has recently been identified as originating from a broad area containing the sites of El Peru and La Corona in Guatemala, and Dzibanche, Mexico, a departure …

Bio 1150 : Biology Forum, Biological Sciences

Approved Course Proposals

No abstract provided.

Ele 5810 : Integrated Curriculum In The Elementary Classroom I, Ec/Ele/Mle

Approved Course Proposals

No abstract provided.

Ele 5500 : Creativity, Play, And The Brain Of The Young Child, Ec/Ele/Mle

Approved Course Proposals

No abstract provided.

Relationship Among Supervisors' Transformational And Transactional Leadership Styles, And Teachers' Job Satisfaction In Taiwan Higher Education, Chi-Ling Sung

Graduate Student Dissertations, Theses, Capstones, and Portfolios

This study examined the influence of supervisors' transformational and transactional leadership styles on job satisfaction of college and university in Taiwan. The purpose of this study was to examine the relationship between supervisors' transformational and transactional leadership styles, and the satisfaction of Taiwan's higher education instructors. The number of teachers at the university level in Taiwan rose 36.8% from 1951 to 2004; therefore faculty job satisfaction is an important issue. Schools want to keep their faculty and reputation to maintain a competitive edge. This non-experimental, quantitative, explanatory correlation and explanatory comparative survey research explores the relationship between supervisors' transformational and …

Organizational Characteristics, Knowledge Management Strategy, Enablers And Process Capability: Knowledge Management Performance In U.S. Software Companies, Hsin-Jung Hsieh

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Currently, the effect of knowledge management has not been clearly defined or understood and a proper framework for assessing the status of knowledge management is lacking. Most studies examined the relationships among critical factors of knowledge management separately and the empirical research is based on only a few cases or small samples where generalizing the results is significantly reduced. The development of a universal model is necessary as a means to measure relevant constructs.

This correlational (explanatory) online survey research is the first to explore the relationships among organizational characteristics, knowledge management strategy, knowledge management enablers, knowledge management process capabilities, …

Impact Of Business-To-Consumer Electronic Commerce Factors On Firm Performance In Taiwan's E-Brokerage Sector, May-Ching Ding

Graduate Student Dissertations, Theses, Capstones, and Portfolios

The "new economy" influences the entire economy, from corporations and governments to society. Business-to-consumer (B2C) electronic commerce (EC) continues to grow despite the burst of the 2000 "e-bubble." Dramatic changes in EC and the significance of EC's impact on firm performance are important practical issues. Variations in firm performance (outcome variable) are attributed to organization effect and to industry effect. Thus, a theoretical framework that combines a strategic typology with a resource-based view of the dynamic capabilities perspective can explain the industry and organization effect on firm performance.

This non-experimental, correlational (explanatory) and causal-comparative (exploratory) survey and secondary data research …

Distribution Of Molidae In The Northern Gulf Of Mexico, Gregory L. Fulling, Dagmar Fertl, Kevin Knight, Wayne Hoggard

Gulf and Caribbean Research

We compiled all available sighting, stranding and bycatch data for the Family Molidae (molas) in the northern Gulf of Mexico (NGOM) to assess spatial and temporal distribution. Overall, 483 records were collected from shipboard and aerial surveys, fisheries bycatch, and strandings. Molas were recorded year-round, with a ubiquitous distribution in both nearshore and offshore waters. Ocean sunfish (Mola mola) were sighted with greatest frequency during the winter (December thru April) in sea surface temperature < 24° C. Potential reasons for increased sightings during winter may be related to the lack of a well-defined thermocline in the NGOM; the species' "basking" behavior associated with thermoregulation; and oxygen replenishment after long, deep dives to oxygen-deficient depths.

Comparison Of Perceptions Of Inclusion Between University Instructors And Students With Disabilities In Ukraine, Sharon A. Raver, Kateryna Kolchenko

Communication Disorders & Special Education Faculty Publications

Ukraine is currently involved in a heated debate about inclusion at all levels of education. This debate has become part of the country's efforts to improve human rights. Prior to independence in 1991, students with disabilities in Ukraine who desired higher education were not permitted to attend universities. How instructors and students with disabilities perceive the process of integration is important for Ukraine's continued movement toward becoming an egalitarian society. This study examined the differences in attitude regarding inclusion and university life between university instructors and students with special needs attending Open International University of Human Development “UKRAINE,” the only …

Excelsior Iron Mining Company, A Corporation, And Utah Construction Company, A Corporation V. Clarence I. Justheim And Robert Gorlinski : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

REPLY BRIEF OF DEFENDANTS AND APPELLANTS.

Justin Brent Peterson V. Sheriff Aaron D. Kennard, Chief Paul Cunningham, Salt Lake County Jail, Taylorsville Justice Court : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Ira Sachs V. Joseph S. Lesser, Loeb Investors Co. Xl, And United Park City Mines Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ON CERTIORARI TO THE UTAH COURT OF APPEALS

Francisco Rosa Camacho V. The Industrial Commission Of Utah, And Kennecott Copper Company : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF PLAINTIFF.

State Of Utah V. Davy Genaro Valenciano : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellee Appeal from a conviction for distribution of a controlled substance, in the Second Judicial District Court of Utah, Weber County, the Honorable Pamela G. Heffernan, presiding.

Content-Based Image Retrieval Using Associative Memories, Arun D. Kulkarni

Computer Science Faculty Publications and Presentations

The rapid growth in the number of large-scale repositories has brought the need for efficient and effective content-based image retrieval (CBIR) systems. The state of the art in the CBIR systems is to search images in database that are “close” to the query image using some similarity measure. The current CBIR systems capture image features that represent properties such as color, texture, and/or shape of the objects in the query image and try to retrieve images from the database with similar features. In this paper, we propose a new architecture for a CBIR system. We try to mimic the human …

Hadron Models And Related New Energy Issues, Florentin Smarandache

Branch Mathematics and Statistics Faculty and Staff Publications

The present book covers a wide-range of issues from alternative hadron models to their likely implications in New Energy research, including alternative interpretation of lowenergy reaction (coldfusion) phenomena. The authors explored some new approaches to describe novel phenomena in particle physics. M Pitkanen introduces his nuclear string hypothesis derived from his Topological Geometrodynamics theory, while E. Goldfain discusses a number of nonlinear dynamics methods, including bifurcation, pattern formation (complex GinzburgLandau equation) to describe elementary particle masses. Fu Yuhua discusses a plausible method for prediction of phenomena related to New Energy development. F. Smarandache discusses his unmatter hypothesis, and A. Yefremov …

Investigate The Wealth Effect Of Investment Banks And Fairness Opinions They Provide In Corporate Mergers And Acquisitions, Weishen Wang

Electronic Theses and Dissertations

The dissertation studies the value of both investment banks' services on the whole and fairness opinions specifically, which the banks provide to the acquiring firms. In the first chapter, I examine how investment banks and acquiring firms' governance quality interact to affect shareholders' wealth in corporate mergers and acquisitions. Although the wealth impact of investment banks in mergers and acquisitions is widely studied in the literature, existing studies do not consider the interaction between governance quality and investment banks. I examine how investment banks and governance quality of acquiring firms interact to affect the wealth of acquiring firms' shareholders. I …

Extracting Quantitative Informationfrom Nonnumeric Marketing Data: An Augmentedlatent Semantic Analysis Approach, Inigo Arroniz

Electronic Theses and Dissertations

Despite the widespread availability and importance of nonnumeric data, marketers do not have the tools to extract information from large amounts of nonnumeric data. This dissertation attempts to fill this void: I developed a scalable methodology that is capable of extracting information from extremely large volumes of nonnumeric data. The proposed methodology integrates concepts from information retrieval and content analysis to analyze textual information. This approach avoids a pervasive difficulty of traditional content analysis, namely the classification of terms into predetermined categories, by creating a linear composite of all terms in the document and, then, weighting the terms according to …