Digital Commons Network^™

Spatial Variability In Forest Fuels: Simulation Modeling And Effects On Fire Behavior, Russell Andrew Parsons

Graduate Student Theses, Dissertations, & Professional Papers

Forests in the western United States and elsewhere face a growing crisis arising from global warming, changes in fuel beds and an increasing human population. Fire management policy emphasizes fuel treatments, such as thinning and prescribed burning, to remedy this situation because fuels are the one component of the problem that we can directly affect through management action. At present, however, the tools we have for the evaluation of fuel treatments are inadequate because they do not describe the fuel bed, or effects of modifications to the fuel bed on fire behavior in sufficient detail. The work described here presents …

Congressional Responses To Judicial Decisions, Neal Devins

Faculty Publications

No abstract provided.

Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford

Faculty Publications

This paper adds to the debate over whether self-policing can increase environmental protection by considering an issue that has been ignored in previous models—that self-policing may influence future enforcement. The model combines self-policing with targeted enforcement and allows for both deliberate and inadvertent violations. As expected, rewarding self-policers with more lenient future enforcement increases auditing, remediation, and disclosure of inadvertent violations. Self-policing can also serve as a complement to deliberate compliance and can thus further increase environmental performance. However, under reasonable conditions, self-policing can be a substitute for deliberate compliance and could therefore be detrimental to environmental protection.

Objectivity And Subjectivity In Contract Law: A Copernican Response To Professor Shiffrin, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

This is a response to Seana Shiffrin's recent and important contribution to the continuing debate whether there is a universal moral or economic truth at the heart of contract law. Her most significant advance toward a general theory of promise and contract is not, however, her analysis of the divergence of morality and contract, but instead her identification of the critical moment at which the interposition of the public in a private matter occurs or is contemplated. This essay carries that theme forward, suggesting that a universal justification for contract law is not possible because the law, by its very …

The Buck Stops Where? A Critique Of Vicarious Liability In The Medical Malpractice Context, C.J. Colwell

Dalhousie Journal of Legal Studies

In Canadian tort law, liability is almost always linked to some notion of fault, save for a few well-established exceptions. By far the most common exception is vicarious liability, i.e. the liability of employers for the torts of their employees. In its 1999 ruling in Bazley v. Curry, the Supreme Court of Canada articulated exactly why this kind of faultless liability exists in Canada, and how it is justified. In medical malpractice cases involving teaching hospitals, there are usually three possible defendants to a negligence action: the attending physician, the treating resident, and the hospital. Due to the legal nature …

Evolution Of Roots, Robin Eileen Browning

Graduate Student Theses, Dissertations, & Professional Papers

Browning, Robin, M.A., June 2008 Integrated Arts and Education Evolution of Roots Chairperson: Karen Kaufmann Committee Members: Jim Kriley and Dorothy Morrison Somewhere a seed was planted long ago. It grew, changed and developed. It was sheltered, nurtured, fed and pruned. This seed took form, evolving to become a tiny sprout. The sprout was exposed to warmth and rain, time and sometimes pain, a process lending to further maturation. This in turn, once again, changed the youngster to a young sapling. Education, unfamiliar concepts, and exposure to new and different areas and elements developed this young sapling into an adult …

Xylaric Acid, D-Arabinaric Acid (D-Lyxaric Acid), L-Arabinaric Acid (L-Lyxaric Acid), And Ribaric Acid-1,4-Lactone; Synthesis And Isolation - Synthesis Of Polyhydroxypolyamides Therefrom, Michael Raymond Hinton

Graduate Student Theses, Dissertations, & Professional Papers

This dissertation describes the nitric acid oxidation of the pentoses D-xylose, L-arabinose, D-arabinose, and D-ribose to produce xylaric acid, L-arabinaric acid (L-lyxaric acid), D-arabinaric acid (D-lyxaric acid), and ribaric acid, respectively, or salts therefrom. Isolation of the aldaric acids from nitric acid has proven difficult in prior reports and an improved nitric acid oxidation and isolation method for each aldaric acid is described.

Aldaric acids are the starting monomers for a class of polymers known as polyhydroxypolyamides (PHPAs) or "hydroxylated nylons," produced through condensation polymerization of the esterified aldaric acid and a diamine of choice. In an effort to obtain …

Second Language Instruction With Phonological Knowledge: Teaching Arabic To Speakers Of English, Khalid Y. Huthaily

Graduate Student Theses, Dissertations, & Professional Papers

This study examined whether explicit instruction in phonetics and the phonologies of English and Arabic improved the sound production and recognition skills of adult native speakers of English learning Arabic as a foreign language. The study utilized an intervention strategy that introduced the letters and sounds of Arabic to two groups of adult English-speaking learners of Arabic.

Forty-six students of Arabic 101 at The University of Montana participated in the study as the control and experimental groups. The experimental group received instruction on the letters and sounds of Arabic with an introduction to phonetics and the phonologies of English and …

The Vesicular Glutamate Transporter (Vglut): Heterologous Expression, Proteoliposome, Computational And Mass Spectral Studies, Chih-Kai Chao

Graduate Student Theses, Dissertations, & Professional Papers

Vesicular glutamate transporters (VGLUTs) are integral membrane proteins that uptake glutamate into synaptic vesicles and are involved in glutamatergic neurotransmission. Since VGLUTs were identified and cloned, efforts have been made to characterize their functional roles. However, due to experimental limitations, the structural features of VGLUT protein remain unclear. In an attempt to better understand VGLUTs, computational and biochemical approaches were employed to characterize them. Plasmid DNA encoding rat VGLUT1 was constructed, amplified and expressed in Pichia pastoris to produce VGLUT1 protein. Immobilized metal affinity chromatography (IMAC) was employed to purify the protein for structural analysis by mass spectrometry and to …

Place-Based Conservation Legislation And National Forest Management: The Case Of The Beaverhead-Deerlodge Partnership, Michael Thomas Fiebig

Graduate Student Theses, Dissertations, & Professional Papers

This paper investigates the use of place-based conservation legislation as a tool for conflict resolution, wilderness designation and unit-level administrative planning reform on national forests by analyzing the case of the Beaverhead-Deerlodge Partnership in Southwestern Montana. The codification of place-based negotiated compromises over forest management is a significant departure from the administrative planning approach used to resolve multiple-use conflicts by the U.S. Forest Service. The goals of this paper were to develop a place-based legislation typology for natural resources policy, to determine the motivations for seeking this approach, and to analyze its use. Preliminary research for this project was begun …

Fifty Years Of Memory Of College Grades: Accuracy And Distortions, Harry P. Bahrick, Lynda K. Hall, Laura A. Da Costa

All Faculty and Staff Scholarship

One to 54 years after graduating, 276 alumni correctly recalled 3,025 of 3,967 college grades. Omission errors increased with the retention interval, and better students made fewer errors. Accuracy of recall increased with confidence in recall. Eighty-one percent of commission errors inflated the actual grade. Distortions occur soon after graduation, remain constant during the retention interval, and are greater for better students and for courses students enjoyed most. Confidence in recall is unrelated to distortion. Courses that were not freely recalled, but had to be cued, were recalled less accurately and with less distortion. The data support a supplementary theory …

Mirabile Dictu: The Bryn Mawr College Library Newsletter 12 (2008), Bryn Mawr College Library

Mirabile Dictu: Newsletter of the Bryn Mawr College Libraries

No abstract provided.

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Faculty Publications

No abstract provided.

God, Gaia, The Taxpayer, And The Lorax: Standing, Justiciability, And Separation Of Powers After Massachusetts And Hein, Jonathan H. Adler

Faculty Publications

The Supreme Court considered standing in two high-profile cases during the October 2006 term: Hein v. Freedom from Religion Foundation and Massachusetts v. EPA. Both were 5-4 decisions in which the Court decided along traditional, ideological lines, and both decisions may provide an indication of the future direction of the Supreme Court.

In Hein, a five-Justice majority denied taxpayer standing to challenge the Bush Administration's so-called "faith-based initiatives" as a violation of the First Amendment's Establishment Clause. In Massachusetts, the Court broke new ground as it took several steps in a decidedly "liberal" direction. The five Justice …

Water Marketing As An Adaptive Response To The Threat Of Climate Change, Jonathan H. Adler

Faculty Publications

Whereas there has been substantial research on the potential effect of climate change upon water resources, there has been relatively little consideration of the role of institutional arrangements in mitigating (or exacerbating) the potential effects of warming-induced changes in water supplies. Climate change increases the urgency with which water managers and policymakers must address water supply concerns, moving toward water supply institutions and policies that are sufficiently flexible, adaptive, and robust to deal with the uncertain water future. As the LPCC has concluded, "changes in water management practices will have a very significant impact on how climate change affects the …

A Clean Slate: The Archaeology Of The Donner Party's Writing Slate Fragments, Molly Elizabeth Swords

Graduate Student Theses, Dissertations, & Professional Papers

Archaeological investigations into the whereabouts of the Alder Creek Donner family campsite yielded a number of artifacts. One type of artifact collected was writing slate fragments, the topic of this thesis. Why were writing slate fragments found at the Alder Creek camp? An investigation into writing slate in the historical record had to be conducted to address this question. The lack of pertinent research associated with writing slate posed a major obstacle, as it has been disregarded as a diagnostic artifact in historical archaeological literature. This paper addresses this problem by a history of writing slate and its uses, as …

Cost Analysis Of Requirements, Design, And Code Reviews And How This Impacts The Cost Of Quality, Mark W. Huston

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines the difference between accepted theoretical and real world return on investment of requirements, design, and code reviews. The differences have a significant impact on the cost of quality. The goal of this thesis is to examine the differences between two data sets (one derived from widely accepted software principles and one derived from real-world data) and draw conclusions about the effectiveness (cost vs. increase defect detection) of reviews based upon these analyses. This thesis will compare accepted relationships pertaining to cost per defect and overall project cost against actual data from a real world project in order …

Fire In My Backyard: Place Meanings And Landowner Views On Fire And Fuels Management On The Kootenai National Forest, Mt, Michael Anthony Cacciapaglia

Graduate Student Theses, Dissertations, & Professional Papers

Federal land management agencies are currently striving to become more democratic and open to citizen participation in decision-making. Recently, the build-up of hazardous forest fuels and ensuing increase in high-intensity wildland fire events across the western U.S. has led to growing interest in integrating local communities and their views and interests into the planning process for fuel reductions projects. One way to investigate local perspectives and make them available to local fire management officers is through qualitative research into relationship to place and preferences for proposed management actions using in-depth interviews with landowners residing in the wildland-urban interface. This study …

Geomorphological Mapping Of The K2 Area, Pakistan Using Gis And Remote Sensing, Deborah Jeanne Belden

Graduate Student Theses, Dissertations, & Professional Papers

Geomorphological mapping assists in evaluating the polygenetic role of glaciation, mass movement denudation, and fluvial erosion in landscape development. A series of thirteen 1:100,000 geomorphological maps covering the area between Skardu and K2 were produced using field mapping and photography, GPS measurements, ASTER satellite imagery, and digital elevation model (DEM) analyses. Satellite and morphometric analyses were performed using GIS software. The landforms are described in relation to geology, geomorphological processes, and altitudinal zones. Case studies include flash flood deposits, active landslide areas, sackungen, and rock avalanches. The Skardu Basin has tills preserved on many higher slopes, and sand dunes cover …

Mallard Nesting Ecology In The Great Lakes, Jonas Ian Davis

Graduate Student Theses, Dissertations, & Professional Papers

Understanding how habitat features influence vital rates that drive population growth is fundamental for delivery of effective conservation programs. Past decisions in management of Great Lakes mallard (Anas platyrynchos) populations were based largely on paradigms established in the mid-continent because regional data were lacking. Recent sensitivity analyses from the Great Lakes Mallard Study show that population growth (i.e., λ) is most sensitive to changes in nest success (16%) and duckling survival (32%). In spring of 2001 to 2003, as part of the Great Lakes Mallard Study, 536 mallards were radio-marked at nine sites in four states (Michigan, Ohio, Wisconsin, and …

Post-Tenure Review As If It Mattered, Jayne W. Barnard

Faculty Publications

No abstract provided.

Law And Governance In The 21st Century Regulatory State, Jason M. Solomon

Faculty Publications

No abstract provided.

Corporate Therapeutics At The Securities And Exchange Commission, Jayne W. Barnard

Faculty Publications

No abstract provided.

Unintelligent Design In Contract, Peter A. Alces

Faculty Publications

Scholars have expended considerable energy in the effort to "discover" a normative theory of Contract. This Article surveys that effort and concludes that something fundamental about Contract has been missed and has frustrated the search from the outset. Succinctly, Contract doctrine resists the neat formulation theory requires. Theorists' perspectives on Contract may be generalized as attempts to impute either deontology or consequentialism to the Contract law. Focusing largely on deontological constructions of Contract, this Article demonstrates the inconsistencies among the extant heuristics-promise, reliance, and transfer-and more importantly, the failure of any of those constructions to provide a coherent explanation of …

Peter Severinus: From Humours To Chemistry In The Sixteenth Century, Michael T. Walton, Robert M. Fineman

Quidditas

The re-discovery of the works of Mendel and others has added greatly to our understanding of genetics. Such is now the case of Peter Severinus, with the recent recovery (or re-discovery) of his seminal work, Idea Medicinae Philosophicae (1571). Severinus concurred with Paracelsus’s (1493-1541) concept of seeds (little chemical factories) that worked on matter to form living things; but he was also aware of transplantation (grafting and cross-pollination) that changed phenotypes and genotypes in plants. Severinus applied this understanding to hereditary diseases in humans and extended Paracelsian theory. He believed that certain diseases in one’s offspring were caused by a …

Mormon Media History Timeline, 1827-2007, Sherry Pack Baker

BYU Studies

The widespread use of the media has been an important element in the history and experience of The Church of Jesus Christ of Latter-day Saints and its members. In recognition of this fact, the Mormon Media History Timeline (1827–2007) has now been made available at http:// lib.byu.edu/sites/scholarsarchive/mormon-media-studies for the deliberate purpose of marking a distinct branch of study. Mormon studies has come into its own in recent years as a recognized academic discipline, and while much good work already has been done in Mormon media studies, this area has not as yet been overtly recognized as a discipline unto itself. …

No Two-Stepping In The Laboratories: State Deference Standards And Their Implications For Improving The Chevron Doctrine, Michael Pappas

Publications

No abstract provided.

Instead Of Enda, A Course Correction For Title Vii, Jennifer S. Hendricks

Publications

In September 2008, the D.C. federal court issued a landmark decision holding that discrimination against a transgender person was sex discrimination under Title VII. This decision throws into sharp relief the ongoing debates among supporters of the Employment Non-Discrimination Act about whether the compromise on including protection for gender identity claims. Consideration of ENDA in some form will likely be early on the agenda of the next Congress, especially under a Democratic administration likely to support the bill. This essay proposes an alternative to ENDA that would embrace the theoretical connections between sex, gender, and sexual orientation, with important practical …

Editor's Introduction, Concern For The Things Of Eternity, George L. Mitton

Review of Books on the Book of Mormon 1989–2011

No abstract provided.

Causes And Consequences Of Grudge-Holding In Service Relationships, Matthew P. Bunker, Dwayne Ball

Department of Marketing: Faculty Publications

Purpose – The purpose of this paper is to place grudge-holding as a theoretical construct, measure it, and empirically place it in a nomological net and, additionally to discuss the consequences of grudge-holding in this research.

Design/methodology/approach – A 2 × 2 scenario-based experiment was performed using 320 subjects, approximately 80 people per condition. The size of the exit barrier (high/low) and the effectiveness of the service recovery (good/poor) were varied between each scenario to determine changes in grudge-holding.

Findings – Some consequences of grudge-holding are retaliation desire and communication avoidance. Although trust was tested in this research, and is …