Digital Commons Network^™

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, 2007 and May 31, 2008. The cases discussed fall into the following categories: (1) appellate jurisdiction, (2) preserving the record, and (3) miscellaneous cases of interest.

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period, as in the past several survey periods, continued to be the judiciary's struggles with "tort reform" legislation enacted by the Georgia General Assembly in 2005, most notably Official Code of Georgia Annotated (O.C.G.A.) § 24-9-67.1 which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell-Dow Pharmaceuticals, Inc. If the Daubert decisions discussed in this survey are any indication, Georgia's appellate courts are far from reaching a consensus on the proper application and interpretation of Georgia's Daubert statute.

The French Subjective Theory Of Contract: Separating Rhetoric From Reality, Wayne Barnes

Faculty Scholarship

Most of the world, including Anglo-American jurisdictions, conforms to the objective theory of contract, which posits that contract formation is determined by reference solely to external evidence of manifestations of assent. On the other hand, France uniquely clings to the rhetoric of its “subjective” theory of contract, championing the freedom of the individual and the autonomy of the will. France’s association with a subjective theory of contract is widely recognized and assumed. One would initially assume that the French subjectivist philosophy would result in dramatically different outcomes in actual cases, when compared with the objectivist rules-based perspective that obtains in …

Optimal Maintenance Crew Composition And Enhancement Of Crew Productivity, Robert Schober

All Theses

The South Carolina Department of Transportation (SCDOT) dedicates a large portion of its budget and other resources to the maintenance of the State's transportation infrastructure. In order to maximize the efficiency and productivity of the State's highway maintenance workforce, the SCDOT partnered with Clemson University to research the performance of these maintenance crews. The goal of this research is to identify optimal crew compositions, if possible, and to suggest potential crew productivity enhancement methods.
Data was collected from the SCDOT Highway Maintenance Management System (HMMS) and crew rankings were developed based on several pre-determined performance criteria. These rankings were then …

Analysis Of In-Flight Vibration For A Turbo Propeller Aircraft, Kyle Dunno

All Theses

A data recorder was utilized to record in-flight vibration of a turbo propeller aircraft. The data recorded produced power spectral density (PSD) profiles which are currently used in laboratory settings to drive vibration tables in order to simulate a particular vehicle type. Overall Grms values from the averaged data were then statistically compared to published standards and other studies to determine if there were differences in overall Grms values.
The data recorder was rigidly mounted to the cargo area of the turbo propeller aircraft. Thirty flights were recorded which varied in flight time from less than one hour to greater …

Three Dimensional Visualization Of Fire Spreading Over Forest Landscapes, Brian Williams

All Theses

Previous studies in fire visualization have required high end computer hardware and specialized technical skills. This study demonstrated fire visualization is possible using Visual Nature Studio and standard computer hardware. Elevation and vegetation data were used to create a representation of the New Jersey pine barren environment and a forest compartment within Hobcaw Barony. Photographic images were edited to use as image object models for forest vegetation. The FARSITE fire behavioral model was used to model a fire typical of that area. Output from FARSITE was used to visualize the fire with tree models edited to simulate burning and flame …

The Effect Of Montmorillonite Nanoclay On Mechanical And Barrier Properties Of Mung Bean Starch Films, Bianca Stiller

All Theses

Starch is an interesting biodegradable polymer due to its excellent film forming properties, availability, and low cost. On the other hand, starch films are often limited by their poor mechanical properties, and water resistance. The addition of montmorillonite clays have improved these properties in both petroleum and biodegradable films.
The objective of the research was to determine the effect of montmorillonite clay on the mechanical and barrier properties on mung bean starch films.
The addition of 5% clay yielded the optimum balance between mechanical and barrier properties of these composite films with improved tensile strength (TS) of 20.8763± 0.789 MPa, …

New American Witches: A Transitioning Figure In The Twentieth Century, Daniel Grafton

All Theses

This thesis compares the Wiccan faith with fantasy literature of the twentieth century in an effort to reveal the spread of radical feminist thought between 1963 and 1983 by examining how these groups represented the shared figure of the witch. By comparing these different representations it may be determined whether radical feminist thought was promoted through fantasy literature. If the figure of the witch did become radically feminist in this popular setting then this would indicate a broader acceptance of radical feminist thought in American culture. This is examined by establishing a definition of fantasy literature during the late twentieth …

Physics Of Type Ia Supernovae, Ginger Bryngelson

All Theses

Type Ia supernovae (SNe Ia), the thermonuclear explosion of a white dwarf, were once considered standard candles. However, increased observations reveal inhomogeneities in chemical composition and luminosity behavior, roughly dividing SNe Ia into three luminosity classes; super-luminous, sub-luminous, and normally-luminous. After introducing the problem in the context of previous observations and modeling, this thesis explores the physical processes occurring in a SN Ia after explosion, and discusses observations of SN light curves.
A simple model of the expanding ejecta calculates the energy deposition from the decay of radioactive Ni56 as well as photon diffusion. It produces light curves that match …

Built-In Electric Field Assisted Spin Injection In Cr And Mn Δ-Layer Doped Aln/Gan(0001) Heterostructures From First Principles, X. Y. Cui, Julia E. Medvedeva, B. Delley, C. Stampfl, Arthur J. Freeman

Physics Faculty Research & Creative Works

Highly spin-polarized diluted ferromagnetic semiconductors are expected to be widely used as ideal spin injectors. Here, extensive first-principles density-functional theory calculations have been performed to investigate the feasibility of using Cr- and Mn-doped wurtzite polar AlN/GaN(0001) heterostructures, with the aim to realize the appealing half-metallic character and, hence, efficient electrical spin injection. To overcome the formation of detrimental embedded clusters, we propose digital delta-layer doping perpendicular to the growth direction so as to realize enhanced performance at room temperature. The formation energy, electronic and magnetic properties, and the degree of spin polarization for both neutral and charged valence states for …

Retrieving Photorecombination Cross Sections Of Atoms From High-Order Harmonic Spectra, Shinichiro Minemoto, Toshihito Umegaki, Yuichiro Oguchi, Toru Morishita, Anh-Thu Le, Shinichi Watanabe, Hirofumi Sakai

Physics Faculty Research & Creative Works

We observe high-order harmonic spectra generated from a thin atomic medium, Ar, Kr, and Xe, by intense 800-nm and 1300-nm femtosecond pulses. A clear signature of a single-atom response is observed in the harmonic spectra. Especially in the case of Ar, a Cooper minimum, reflecting the electronic structure of the atom, is observed in the harmonic spectra. We successfully extract the photorecombination cross sections of the atoms in the field-free condition with the help of an accurate recolliding electron wave packet. The present protocol paves the way for exploring ultrafast imaging of molecular dynamics with attosecond resolution.

Pilots And Public Policy: Steering Through The Economic Ramifications, Brad R. Humphreys, Victor Matheson

Economics Department Working Papers

A recent IRS ruling has allowed the new Yankees Stadium construction project to be financed by a tax exempt bond offering backed by payments in lieu of taxes (PILOTS). This decision appears to contradict the spirit of the Tax Reform Act of 1986. From an economic standpoint, the question is whether it is desirable to significantly expand the number of projects eligible for tax subsidies in exchange for a more direct connection between those receiving benefits from the projects and those paying the taxes, or should the state and municipal bond tax exemption narrowly extend only to true public works …

A:Muse : A Bilingual Student Magazine, 2008-2009 Publication Workshop, Department Of Translation, Lingnan University

Bilingual Publication Workshop 雙語出版工作坊

This bilingual student magazine is the result of the hard work, creativity and energy of the 62 students in this year's Publication Workshop, a course offered by the Department of Translation. This is a very hands-on, practical course in which students learn by doing. Each student must take responsibility, both as an individual and as part of a team, to ensure that the quality of the publication is high and that the entire production process goes smoothly and according to schedule, just like in a real-life professional setting. Every aspect of this publication - from writing, editing and design, to …

The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan Klein

Cardozo Law Review

This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.

The Confessional Penalty, Talia Fisher, Issachar Rosen-Zvi

Cardozo Law Review

No abstract provided.

"G" And "H" Control Charts And Risk Analysis In The Banking Industry, James L. Bossert

All-Inclusive List of Electronic Theses and Dissertations

This research investigates the utilization of a new control chart in the Banking industry to minimize financial risk. There are processes in the banking industry that do not lend themselves to traditional control chart applications. These processes tend to be high volume. High volume meaning over a million transactions a day and a requirement for high levels of accuracy characterize these processes. The research has looked at these processes and applied the "g" control charts to determine if they provide timely feedback to the banking industry. The value of this research will give the banking industry an opportunity to react …

Cinematherapy As A Clinical Intervention: Theoretical Rationale And Empirical Credibility, Michael Powell

Graduate Theses and Dissertations

Two problems must be addressed before cinematherapy can advance as a credible therapeutic intervention: (a) a solid theoretical rationale must exist supporting its use in mental health counseling, and (b) quantifiable data must exist promoting its treatment efficacy, and these data need to extend to various clinical populations representing a range of mental health conditions. This study intends to address both problems by critiquing the theoretical and experimental literature on cinematherapy and measuring the relative effectiveness of a structured, nondirective cinematherapy intervention at improving the hope and optimism of an adult diagnosed with Major Depression. One person (JV= 1) was …

Building A Creativity Room, Terry Reding

Creativity and Change Leadership Graduate Student Master's Projects

This project is about the construction of a creativity room in my home that allows for work, study, play and relaxation. This room is designed and organized in a way to promote creativity. Throughout the remodeling and construction stages, problem solving techniques and tools were utilized and documented in a journal. I also took into consideration ideas learned in creative studies courses and creativity literature to make the room as open to creativity as possible.

Young People's Blood Alcohol Concentration And The Alcohol Consumption City Law, Brazil, Raquel De Boni, Carl G. Leukefeld, Flavio Pechansky

Center on Drug and Alcohol Research Faculty Publications

The paper assesses blood alcohol concentration and risk behaviors for traffic accidents before and after the implementation of a law which prohibits the use of alcoholic beverages on city gas stations. In Porto Alegre, Southern Brazil, young people go out at night and drive to gas station convenience stores to buy alcoholic beverages which are consumed on the premises of parking lots in gas stations. Data were obtained from self-administered questionnaires and breath analyzers in two cross-sectional collections with purposive samples of youngsters in May and July 2006 (n=62, and n=50, respectively). There were no significant differences between the groups …

From Paper Dolls To The Presidency: A Collective Case Study Of The Childhood Years And Life Experiences Of Five Female College And University Presidents, Regina M. Toman

College of Education and Human Sciences: Dissertations, Theses, and Student Research

The purpose of this collective case study was to understand how five female presidents of small American colleges and universities perceived and described their childhood years and the life experiences that characterized their career paths. Data was collected through a series of semi-structured, open-ended, oral history interviews and the review of personal and professional documents such as vitae, speeches, and publications.

Personal narratives highlight the people, places, and experiences characteristic of each participant’s childhood years. The study presents a chronology of the life course experiences characteristic of each participant’s career path and in-depth analyses of turning point experiences and epiphanies. …

Identification And Characterization Of A Cadmium-Transporting P-Type Atpase In Yeast Saccharomyces Cerevisiae, David J. Adle

Department of Biochemistry: Dissertations, Theses, and Student Research

Detoxification and homeostatic acquisition of metal ions are vital for all living organisms. Non-physiological heavy metals are toxic at low concentrations and represent major environmental hazards to human health. In particular, cadmium is a toxic environmental pollutant linked to a number of ailments including cancer, kidney and bone disease and reproductive disorders. The biological effects of cadmium toxicity which lead to human disease and the cellular mechanisms for cadmium defense are ill defined. Thus, the study of heavy metal detoxification systems represents an important research avenue to help combat cadmium related disorders.

The goal of this research project was to …

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy construction law decisions by Georgia appellate courts between June 1, 2007 and May 31, 2008 and significant construction-related legislation enacted by the Georgia General Assembly during the same period.

Book Review: Wrong Way, Charles F. Angell

Bridgewater Review

Book review of:

• Tom Vanderbilt, Traffic: Why We Drive the Way We Do. Knopf, ©2008

When Second-Parent Adoption Is The Second-Best Option: The Case For Legislative Reform As The Next Best Option For Same-Sex Couples In The Face Of Continued Marriage Inequality., Jason N.W. Plowman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

"An Almost Single Inference": Kant's Deduction Of The Categories Reconsidered, Konstantin Pollok

Faculty Publications

By taking into account some texts published between the first and the second edition of the Critique of Pure Reason that have been neglected by most of those who have dealt with the deduction of the categories, I argue that the core of the deduction is to be identified as the 'almost single inference from the precisely determined definition of a judgment in general,' which Kant adumbrates in the Metaphysical Foundations in order to 'make up for the deficiency' of the A-deduction. Whereas the first step of the B-deduction is an attempt to show that the manifold of an intuition …

Fama Et Memoria: Portraits Of Female Patrons In Mosaic Pavements Of Churches In Byzantine Palestine And Arabia, Karen C. Britt

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

Troubled Vision: Gender, Sexuality, And Sight In Medieval Text And Image, Ed. Emma Campbell And Robert Mills. (The New Middle Ages.) Palgrave, 2004, Edith J. Benkov

Medieval Feminist Forum: A Journal of Gender and Sexuality

No abstract provided.

High-Performance Concrete Bridge Decks: A Fast-Track Implementation Study, Volume 1: Structural Behavior, Robert J. Frosch, Timothy S. Aldridge

JTRP Technical Reports

Transverse cracking of concrete bridge decks is problematic in numerous states. Cracking has been identified in the negative and positive moment regions of bridges and can appear shortly after opening the structure to live loads. To improve the service life of the bridge deck as well as decrease maintenance costs, changes to current construction practices in Indiana are being considered. A typical bridge deck was instrumented which incorporated the following: increased reinforcement amounts, decreasing reinforcement spacing, and high-performance, low-shrinkage concrete. The low shrinkage concrete was achieved using a ternary concrete mix. The objective of this research was to determine the …

Women And Leadership Positions: Social And Cultural Barriers To Success, Josephine Kiamba

Wagadu: A Journal of Transnational Women's & Gender Studies

Women continue to aspire for leadership positions in all spheres of governance in both the public and private sector. However it has not been easy. The paper will examine the many challenges women still face in taking leadership positions with specific reference to African women. Included in the paper are the barriers related to culture and cultural expectations, the choice and/or balance between work and family, and women’s own fear of success.

Drawing From The Wells Of Culture: Grace Onyango And The Kenyan Political Scene (1964-1983), Phoebe Musandu

Wagadu: A Journal of Transnational Women's & Gender Studies

This paper examines the career of Grace Onyango in a bid to recover the history of independent Kenya’s most prominent female politician. To find success as a politician, Onyango had to have an understanding of the interplay between her ethnic culture, the cultures of those with whom she interacted as well as the dynamics of newly independent Kenya’s local and national politics.