Digital Commons Network^™

The Color Of Brazil: Law, Ethnic Fragmentation, And Economic Growth, Tade O. Okediji

Chicago-Kent Law Review

The influence of ethnic fragmentation on economic performance has been the subject of much scholarly inquiry in economics and political economics literature. Studies have shown that ethnic fragmentation has a distinct impact on the prospects for economic growth through its effect on government policies and in particular macroeconomic stabilization strategies. It has also become relevant in legal scholarship, especially with regard to developing antidiscrimination laws to ameliorate incessant conflict in plural societies. Accurate measurements of the scale or degree of ethnic fragmentation are important for determining sustainable economic development policies and legal policies for overall development planning. The multiple, complex, …

To Disclose Or Not To Disclose: Duty Of Candor Obligations Of The United States And Foreign Patent Offices, Gina M. Bicknell

Chicago-Kent Law Review

Many patent offices around the world have rigorous prior art disclosure requirements. U.S. patent applicants not only must meet each individual country's criteria for disclosure, but also must contend with allegations of inequitable conduct from patent infringers which may render their patents unenforceable. This article argues that the new prior art disclosure rules promulgated by the USPTO unfairly shift the burden of examining patent applications onto patent applicants, and create a situation ripe for allegations of inequitable conduct. This article also examines how other countries handle disclosure obligations, and recommends several alternative systems that would meet the USPTO's objectives of …

Evaluation And Needs-Based Assessment Of Special Education Teachers' Knowledge Of Austism Interventions, Dawn Richardson

Masters Theses & Specialist Projects

Autism Spectrum Disorder (ASD) is being increasingly identified in children, yet there are only a minimal number of studies examining the use of research-based intervention strategies in a classroom educational setting. This present study examined the use of Discrete Trial Training, Picture Exchange Communication System, Social Stories, Structured Teaching, and Video Self-Modeling by special education teachers with students with ASD. A questionnaire was completed by 91 special education teachers from the Green River Region Educational Cooperative, which encompasses 17 different school districts in the area of western and south central Kentucky. They answered questions about their level of training, knowledge …

Blaming For Columbine: Conceptions Of Agency In The Contemporary United States, Claudia Strauss

Pitzer Faculty Publications and Research

Modern Westerners are supposed to embrace a notion of unfettered personal agency. An analysis of public commentary (interviews, editorials, and online message boards) in the United States about the Columbine school shootings shows that the voluntarist cultural model of persons as autonomous agents, while certainly very important, is just one of a number of cultural models Americans use to explain human action and has particular political and interpersonal uses. We might think that conceptions as basic as those of personhood and agency would be hegemonic: both singular and internalized as unexamined, taken for‐granted assumptions. In some contexts, voluntarist ideas about …

Daubert, Schmaubert: Criminal Defendants And The Short End Of The Science Stick, Susan D. Rozelle

Tulsa Law Review

No abstract provided.

Ex-Post-Booker: Retroactive Application Of Federal Sentencing Guidelines, Christine M. Zievel

Chicago-Kent Law Review

In United States v. Booker, a dramatic decision handed down in early 2005, the Supreme Court attempted to cure Sixth Amendment issues by excising the mandatory provisions of the U.S. Sentencing Guidelines and changing the binding role of the Guidelines to advisory. For close to twenty years, federal circuit courts had used the Ex Post Facto Clause to prohibit sentencing judges from retroactively applying revisions of the federal Guidelines. However, after Booker's advisory mandate and the Guidelines' supposed loss of force in sentencing decisions, some circuits have now found that the same retroactive application no longer violates the …

Classification And Biogeography Of Panicoideae (Poaceae) In The New World, Fernando O. Zuloaga, Osvaldo Morrone, Gerrit Davidse, Susan J. Pennington

Aliso: A Journal of Systematic and Floristic Botany

Panicoideae (Poaceae) in the New World comprise 107 genera (86 native) and 1357 species (1248 native). As circumscribed herein, Panicoideae include eight tribes: Andropogoneae, Arundinelleae, Centotheceae, Gynerieae, Isachneae, Paniceae, Steyermarkochloeae, and Thysanolaeneae. The two major tribes are Andropogoneae with 230 species (16.95% of all New World panicoids), and Paniceae with 1082 species (79.73%). Andropogoneae are divided into nine subtribes (Andropogoninae, Anthistiriinae, Coicinae, Germainiinae, Ischaeminae, Rottboelliinae, Saccharinae, Sorghinae, and Tripsacinae), while Paniceae are divided into seven subtribes (Arthropogoninae, Cenchrinae, Digitariinae, Melinidinae, Panicinae, Paspalinae, and Setariinae). Brazil is the center of diversity of New World panicoids with 741 species (54.6% of all …

07: Community Dialogue Handbook, Alliance For Truth And Racial Reconciliation

Website Content

We are the People We Have Been Waiting For is a resource guide produced by the William Winter Institute for Racial Reconciliation.

Identifiable Factors Which Measure The Impact Of Social Capital Within Schools, Charlotte A. Monconduit

All-Inclusive List of Electronic Theses and Dissertations

In spite of much confusion related to the conceptualizing of the social capital, it remains at the forefront of understanding that relationships matter. In particular, educational relationships of interest are immersed in schools and their connection to student achievement is many times uncertain. After conducting a considerable review of the literature on social capital, the researcher undertook the task of creating an instrument to measure social capital within schools in hope of contributing greater social capital understanding and clarity. The purpose of this study was to create a valid and reliable instrument supported by strong psychometric properties to assess the …

Equity Offerings By Firms That Emerged From Bankruptcy, Surendranath Jory, Jeff Madura

The Journal of Entrepreneurial Finance

Entrepreneurship is not only used to create a business idea, but also to restructure a business in response to environmental conditions. Firms that issue equity after emerging from bankruptcy are unique in that they exhibit less asymmetric information than other firms that issue equity. They were previously subject to the SEC disclosure requirements when they had publicly-traded securities, and were required to disclose information about their assets, liabilities, and governance while operating under Chapter 11 bankruptcy laws. Our analysis determines that the mean underpricing of the firms that engaged in public stock offerings after emerging from bankruptcy is 4.49 percent, …

Excited-State Equilibration Over 30 Å In A Platinum(Ii) Quinolinolate−Bridge−Platinum(Ii) Porphyrin Complex, Victor A. Montes, Michael A. J. Rodgers, Pavel Anzenbacher Jr.

Chemistry Faculty Publications

Long-range triplet excited-state equilibration occurs over a nanometric distance between platinum(II) 8-quinolinolate ((3)Ptq(2) = 1.87 eV) and platinum(II) tetraphenylporphyrin ((PtTPP)-Pt-3 = 1.89 eV). The equilibrium is mediated by a fluorene-thiophene-fluorene bridge ((FTF)-F-3 = 1.92 eV) and is characterized by a double-exponential decay (tau(1) = 39 +/- 4 ps; tau(2) = 351 +/- 15 ps) that suggests the participation of three separate excited states : (3)Ptq(2), (FTF)-F-3, and 3PtTPP, respectively. Numerical simulation of the dual equilibrium allowed for estimation of the individual rate constants for each of the reversible steps (k(ET) = 3.9 x 10(9)-4.1 x 10(10) s(-1)). As a result …

The National Banking System: A Brief History, Bruce Champ

Documents

No abstract provided.

Innovation, Managerial Effort, And Start-Up Performance, W. David Allen, Thomas W. Hall

The Journal of Entrepreneurial Finance

Managers of start-up firms make a number of important yet understudied decisions, such as whether or not to develop a new product, whether or not to choose a high-technology product or service, whether or not to use external assistance, and the amount of time and effort they will devote to their new company. These choices are informed by their access to various resources, such as the size of the management team, its education level, its previous experience working at start-ups, and other attributes. In this paper we consider how these resources influence optimal provision of effort, and examine decisions about …

0567 Transportation Legislation Review Committee, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.

Bidimensional Pr Qmf With Fir Filters, Jian-Ao Lian

Applications and Applied Mathematics: An International Journal (AAM)

Multidimensional perfect reconstruction (PR) quadrature mirror filter (QMF) banks with finite impulse response (FIR) filters induced from systems of biorthogonal multivariate scaling functions and wavelets are investigated. In particular, bivariate scaling functions and wavelets with dilation as an expansive integer matrix whose determinant is two in absolute value are considered. Demonstrative quincunxial examples are explicitly given and new FIR filters are constructed.

Show & Tell On The Internet: Will Janet & George Set The Standard? Fcc Censorship & Converging Technologies, E. Judson Jennings

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

My Place Or Yours: Copyright, Place-Shifting, & The Slingbox: A Legislative Proposal, Jessica L. Talar

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Do Consumers Have The Right To Space-Shift, As They Do Time-Shift, Their Television Content? Intellectual Property Rights In The Face Of New Technology, Adi Schnaps

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Hockey's Cold War - Russia's Defiance Of The Iihf And The Evgeny Malkin Saga, Chris Miller

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The James Frey Scandal: A Million Frivolous Lawsuits, Stacey A. Hyman

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Base Realignment And Closure Impact On Industry In El Paso, Tx And Doña Ana, Nm: Workforce Growth, Training Needs And Access To Federal Government Contracts, Carlos Olmedo, Dennis L. Soden, Daniel J. Quiñones, Elizabeth K. Gibson, Dannette De Leon, Michael F. Vargas

IPED Technical Reports

No abstract provided.

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

As in previous years, we cannot comment on every development in criminal law in Georgia that occurred this past year through appellate opinions and statutory changes. We cannot even footnote all of them. Instead, we have chosen cases that are the most important or the most interesting or those that may have the widest application to the future course of criminal practice and procedure. We hope this Article is useful to our colleagues who practice criminal law.

Appellate Practice And Procedure, Roland F.L. Hall

Mercer Law Review

This Article surveys decisions addressing appellate law and procedure handed down by the Georgia appellate courts between June 1, 2006 and May 31, 2007. The cases discussed fall into the following categories: (1) appellate jurisdiction, (2) preserving the record, (3) timeliness of appeal, and (4) miscellaneous cases of interest.

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary

The University of New Hampshire Law Review

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” …

Shake & Bake: Dual-Use Chemicals, Contexts, And The Illegality Of American White Phosphorus Attacks In Iraq, Joseph D. Tessier

The University of New Hampshire Law Review

[Excerpt] “On November 29, 2005, in a Department of Defense press conference with Secretary of Defense Donald Rumsfeld and Gen. Peter Pace, Chairman of the Joint Chiefs of Staff, General Pace stated that white phosphorus “is a legitimate tool of the military,” and can be used for illumination, smoke, and incendiary purposes. Incredibly, the Department of Defense released an addendum to the press conference clarifying that white phosphorus was not used as an incendiary weapon. According to General Pace, “it was well within the law of war to use white phosphorus . . . for marking and screening.” This was …

Concerned Philosophers For Peace, Vol. 27 (2007-2008), Concerned Philosophers For Peace

Concerned Philosophers for Peace

• Human Rights and the Politics of Terrorism (by Richard T. Peterson)
• Picnicking in the Afterglow of the Bomb (by Ron Hirschbein)
• CPP Business Report (by Gail Presbey)
• Pacifism or-Just War? (by Ashley Mateleska)
• Dignified Political Action (by Court Lewis)
• Remembering Anthony Benezet (by Greg Moses)
• Last Conversation with Rob Gildert (by Richard Keshen)

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Planning For Growth In Cities And Metropolitan Regions: An Empirical Study Of Impact Fees And Choice, Chi-Hyoung Park

Planning Dissertations - Archive

This research examines what city factors relate to the likelihood of adopting impact fees by local governments within metropolitan regions using data from the U.S. Census Bureau. More and more cities are adopting different types of impact fees for financing public facilities and infrastructure to accommodate their cities' growth without full understanding of issues, public and private criticisms of impact fees, and the empirical information needed. This dissertation investigates a random sample of 278 cities out of 827 cities populations over 25,000 located within 97 MSAs to understand what variables within their settings relate to impact fee adoptions using five …

Trends Of Vehicular Emissions For Clean Air Associates Precombustion Retrofit Device, Jaya Vani Nagireddi

Civil Engineering Theses - Archive

The research study objective was to find if there was any reduction in onboard exhaust emissions from a light duty passenger car (2007 Dodge Charger) with a Clean Air Catalytic Converter manufactured by Clean Air Associates, Inc. The research was conducted by the Civil and Environmental Engineering Department, University of Texas at Arlington as part of the North Central Texas Council of Governments Aftermarket Technology and Fuel Additive Research Program. Initially, emissions of pollutants were measured without the Clean Air Associates' retrofit device, called Baseline testing. A Horiba OBS-1300 On-Board System measured concentrations of the pollutants NOx, CO, CO2 and …