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Precedent Unbound? Contemporary Approaches To Precedent In Canada, Debra Parkes

All Faculty Publications

This paper examines some key aspects of the contemporary treatment of precedent in Canada, including consideration of the vertical convention of precedent (lower courts being bound by decisions of higher courts) and the horizontal convention of precedent (courts being willing and/or able to overrule or depart from decisions of the same court). On the latter topic of horizontal precedent, particular attention will be paid to three recent decisions of the Supreme Court of Canada, Ontario Court of Appeal, and Manitoba Court of Appeal respectively, which take a more functional and pragmatic approach to the issue and demonstrate a greater willingness …

A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes

All Faculty Publications

This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …

Transformational Leadership Practices Of Deans And The Perceived Organizational Culture Of United Arab Emirates Public Universities : A Regression Analysis Study, Mouwafac Sidaoui

Doctoral Dissertations

unavailable

Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Consent, Capacity, And Mistaken Belief, Janine Benedet, Isabel Grant

All Faculty Publications

Women with mental disabilities experience high rates of sexual assault. The authors trace the history of the criminal law's treatment of cases involving such acts in order to evaluate whether the substantive law of sexual assault is meeting the needs of this group of women. In particular, the authors focus on the legal issues of consent, capacity, and mistaken belief. The authors situate this discussion in the context of current debates in feminist and critical disability theory, grounding the theory in scholarly research on sexual assault of women with mental disabilities. In considering the law's treatment of sexual violence against …

Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet

All Faculty Publications

When a woman with a mental disability makes a complaint of sexual assault, she must confront a criminal trial process that was not designed in contemplation of her as a witness. The requirements of repeated testimony under oath and the ability to be cross-examined are not always well-suited to the particular needs and capacities of women with mental disabilities. These problems are magnified by the tendency to infantilize women with mental disabilities, thereby diminishing their credibility and depicting them as hypersexual when they engage in any sexual activity. These stereotypes also manifest themselves in the application of evidentiary rules relating …

A Unique Civic Engagement Tool: Americaspeaks: 21st Century Town Meeting, Maria J. D'Agostino

Publications and Research

No abstract provided.

Individualism And Collectivism In America: The Case Of Gun Ownership And Attitudes Toward Gun Control, Katarzyna Celinska

Publications and Research

A number of sociologists and cultural psychologists claim that the United States is a predominantly individualistic country. This article uses a unidimensional index of individualism and collectivism to analyze one of the most debated sociopolitical issues in America: gun ownership and gun control. It tests the hypothesis that the widespread gun ownership in the United States and prevailing attitudes toward gun control represent competing individualistic and collectivistic cultural traditions, respectively. The findings indicate that the index is one of the predictors of gun ownership and of attitudes about gun permits.

Mode, Melody, And Harmony In Traditional Afro-Cuban Music: From Africa To Cuba., Peter L. Manuel

Publications and Research

No abstract provided.

Fifth Millennium Anthropomorphic Figurines In Southeastern And Central Anatolia: Comparative Museum Research., Ellen H. Belcher

Publications and Research

The Halaf cultural horizon occurred during the fifth millennium B.C. (uncalibrated) and extended throughout upper Mesopotamia, including southeastern Anatolia. Halaf material culture is well-known for its imaginative and beautifully made architecture, polychrome-painted pottery, geometric stamp seals and figurines. The regional character and variation of Halaf figurine assemblages however, is poorly understood, particularly in southeastern Anatolia. My research and study of these figurines reveals distinct southeastern Anatolian styles and technologies, some of which demonstrate direct connections to central Anatolia.

This article presents preliminary conclusions from a comparative analysis of contemporaneous anthropomorphic figurines belonging to the Halaf and Chalcolithic cultures …

Back-End Sentencing A Practice In Search Of A Rationale, Jeremy Travis

Publications and Research

No abstract provided.

Crime Volume And Law And Order Culture, Steven Stack, Liqun Cao, Amy Adamczyk

Publications and Research

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data …

The Arab Charter On Human Rights 2004, Susan M. Akram

Faculty Scholarship

The Boston University International Law Journal is publishing, for the first time, an English version of the 2004 Arab Charter on Human Rights. A very brief review of how the 2004 Arab Charter came into being introduces this English translation. The drafting history of the Arab Charter on Human Rights begins in 1960. In that year, members of the Union of Arab Lawyers (the oldest NGO in the Arab world) requested the League of Arab States (created in 1945) during their meeting in Damascus to adopt an Arab Convention on Human Rights. Eight years later, participants in the first meeting …

Subways As A Space Of Cultural Intimacy: The Mass Rapid Transit System In Taipei, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Southern Green Revolution: Urban Environmental Activism In Kaohsiung, Taiwan, Anru Lee

Publications and Research

No abstract provided.

Devotion And The Political: Sermon And Devotional Literature In The Reigns Of Henri Iv And Louis Xiii, 1598–1643, Jason Sager

Theses and Dissertations (Comprehensive)

This thesis examines the part played by French sermon and devotional literature during the reigns of Henri IV and Louis XIII in providing a model of political and social order. Shortly after the end of the Wars of Religion the French clergy in the seventeenth century rejected the violent rhetoric of the panic preachers of the sixteenth century. These seventeenth-century preachers emphasized social and political obedience as part of the duty of the Christian. Through collaboration with the crown, the ecclesiastical estate was able to assist in the pacification of French society.

This was achieved in the following ways. Throughout …

Advanced Controller Design Using Neural Networks For Nonlinear Dynamic Systems With Application To Micro/Nano Robotics, Qinmin Yang

Doctoral Dissertations

"The dissertation focuses on neural network (NN) control designs for nonlinear systems with application to micro/nano robotic. Critical problems in nano scale including thermal drift are also addressed"--Abstract, page iv.

Nonlinear Optimization Approach For Upfc Power Flow Control And Voltage Security: Sufficient System Constraints For Optimality, Radha P. Kalyani

Doctoral Dissertations

"This dissertation provides a nonlinear optimization algorithm for the long term control of Unified Power Flow Controller (UPFC) to remove overloads and voltage violations by optimized control of power flows and voltages in the power network. It provides a control strategy for finding the long term control settings of one or more UPFCs by considering all the possible settings and all the (N-1) topologies of a power network. Also, a simple evolutionary algorithm (EA) has been proposed for the placement of more than one UPFC in large power systems"--Abstract, page iv.

Experimental And Analytical Evaluation Of Frp-Confined Large Size Reinforced Concrete Columns, Silvia Rocca

Doctoral Dissertations

"Fiber Reinforced Polymer (FRP) jacketing of Reinforced Concrete (RC) columns, as a rapidly growing strengthening technique, requires appropriate design methods. However, the current available design guides are based on models, in their majority semi-empirical, and calibrated with small-scale plain concrete specimens. These models might not be reliable in predicting the strength and ductility enhancement sought through FRP-confinement in RC columns with geometric and material properties as found in practice. This dissertation presents the research conducted in three technical papers. In the first paper, the performance of 22 FRP-wrapped RC columns of medium- and large-scale is studied. The results of the …

Harding University Catalog 2007-2008, Harding University

Harding Academic Catalogs

Academic catalog for the undergraduate programs at Harding University.

Harding University Graduate School Of Religion 2007-2008 Catalog, Harding University

Harding Academic Catalogs

Academic catalog for the graduate program in Bible and religion.

Harding University Graduate Catalog 2007-2008, Harding University

Harding Academic Catalogs

Academic catalog for the graduate programs at Harding University.

Learning Transformations Through Cross-Cultural E-Mentoring: Perspectives From An Online Faculty Development Forum, Charlotte Nirmalani Gunawardena, Jennifer Linder-Vanberschot, Deborah Lapointe, Kerrin Barret, Julia Mummert, Marlie Saligumba Cardiff, Jason Skinner

University Libraries & Learning Sciences Faculty and Staff Publications

Employing qualitative research methods, this study discusses the learning transformations of e-mentors from the United States and protégés from Sri Lanka who engaged in online problem solving tasks that were part of a faculty development forum.

An Inside Look Behind Pandora.Com, Jackie Shane

University Libraries & Learning Sciences Faculty and Staff Publications

No abstract provided.

A Simulation Environment Modeling The Use Of Wireless Sensor Networks For The Detection And Mapping Of Wildfires, Matthew Gann

Masters Theses

"Over the past 5 years, billions of dollars have been spent fighting wildfires which consume thousands of acres. Currently, satellites are the primary source of information regarding the location of large scale wildfires. The satellites in use are capable of reporting the location of the wildfire, but these reports are generated infrequently and have a low spatial resolution, where the reported location of the fire can be off by 500 meters. Timely detection (latency) and frequent report (throughput) are needed to help prevent the destruction caused by wildfires. This thesis, a system is described based on an ad-hoc wireless sensor …

Nonlinear Control Of Nonholonomic Mobile Robot Formations, Travis Alan Dierks

Masters Theses

"In this thesis, the framework developed to control a single nonholonomic mobile robot is expanded to include the control of formations of multiple nonholonomic mobile robots. A combined kinematic/torque control law is developed for leader-follower based formation control using backstepping in order to accommodate the dynamics of the robots and the formation in contrast with kinematic-based formation controllers typically found in literature"--Abstract, page iv.

Vapor Phase Uptake Of Volatile Organic Contaminants By Hybrid Poplar Trees, Sally Rebecca Breite

Masters Theses

"Phytoremediation, the use of plants to immobilize, degrade or remove contaminants from the environment, shows great promise as a remediation technique for many contaminated sites. Phytovolatilization in particular is of great interest for sites contaminated with chlorinated solvents and other volatile organic compounds (VOCs), many of which are recalcitrant to biodegradation. Hybrid poplar trees have been shown to uptake, translocate and volatilize numerous aqueous-phase VOCs, however vapor phase uptake of such compounds has only recently been observed and for only one contaminant, tetrachloroethylene (PCE). One semi-volatile and five volatile compounds were dosed to poplar trees in aqueous and vapor phase …

E-Design Tools For Friction Stir Welding: Cost Estimation Tool, Pradeep Kumar Tipaji

Masters Theses

"A cost model is an important tool for product design and material selection. An efficient and effective cost estimation tool is necessary for early design evaluation. In this paper, cost estimation models that estimate the production cost for Metal Inert Gas (MIG), Friction Stir (FS), and Friction Stir Spot (FSS) welded joints are presented. These models determine the cost incurred to fabricate each joint along with a detailed explanation of each cost component. Each cost component has been closely analyzed and major cost components have been included in the cost model"--Abstract, page iv.

Toward Improving Performance Measurement In Public Sector Organizations, Matthew Thomas Kutz

Masters Theses

"The objective of this research is to investigate various means of improving the performance measurement methods for public sector organizations. A case study is conducted using data from the Missouri Department of Transportation (MoDOT). As a government organization, MoDOT must publish measurements of its performance for the general public and for the legislators who provide funding. Currently, MoDOT produces a quarterly publication, called the Tracker, for performance measurement reporting. This research hypothesizes that the Tracker is not an effective performance measurement system and stakeholders of MoDOT would benefit from a more concise and pointed report of MoDOT performance. A software …

Manufacturing Of High Performance Composites Using Vacuum Assisted Resin Transfer Molding, V. G. K. Menta

Masters Theses

"The objective of this research is to establish and enhance the existing Vacuum Assisted Resin Transfer Molding (VARTM) process to manufacture high performance composite parts usable in the aerospace industry.

Flat, hat, pi and multi stiffened panels have been manufactured by the VARTM process using AS4-5HS and AS4-8HS carbon fabric, and SI-ZG-5A low viscosity epoxy resin. Silicone-based reusable molds have been designed and developed to manufacture stiffened panels. Dynamic mechanical analysis (DMA) and differential scanning calorimetry (DSC) experiments of the SI-ZG-5A resin system were conducted to determine the storage modulus, loss modulus, and the glass transition temperature. The density and …

Increasing Effectiveness Of Public Private Partnerships In The Irish Construction Industry, Louis Gunnigan

Doctoral

By 2003 the first Irish Public Private Partnership (PPP) projects had reached the operational stage. Media reports were emerging of significant differences in the effectiveness of these projects.

This research set out to find a means by which effectiveness of PPPs could be increased and to develop a model that would assist PPP practitioners with this task in the future. Through a literature review, the Irish PPP process was mapped, the changes encountered in the introduction of PPP were investigated and a conceptual model – based on a traditional process model - was proposed. The model was tested by examining …