Digital Commons Network^™

Hsin-Yi Serena Hou, Piano, Hsin-Yi Hou

Dissertations and Theses @ UNI

Hsin-Yi Serena Hou presented a graduate piano recital at 6 p.m. on Wednesday, November 8, 2006 in Davis Hall of the Gallagher-Bluedorn Performing Arts Center at the University of Northern Iowa School of Music. The recital was presented in partial fulfillment of the Master of Music Degree requirements in Piano Performance. The recital program consisted of works by George Frederic Handel, Ludwig van Beethoven, and Felix Mendelssohn.

Master Of Music Vocal Performance Recital, Janeen L. Jensen

Dissertations and Theses @ UNI

Janeen Jensen. soprano. presented a graduate vocal recital at 6 pm on Wednesday, November 30, 1994 in Russell Hall Auditorium at the University of Northern Iowa. Ms. Jensen was assisted by Marleta Matheson on piano. The recital was presented in partial fulfillment of the requirements for a Masters of Music degree in vocal performance. The repertoire selected represents a variety of challenging pieces with an emphasis on the 20th century. The program began with two of Gioacchino Rossini's art songs which highlighted the Romantic period. Repertory presenting the 20th century includes four of the Siehen Fruhe Lieder by Alban Berg …

Micromachined Nanoporous Membranes For Blood Oxygenation Systems, Vijayakrishnan Ambravaneswaran, Susheil Uttamaraj, Zeynep Çelik-Butler, Robert C. Eberhart, Charles J. Chuong, Richard E. Billo, Michael A. Savitt

Mechanical and Aerospace Engineering Faculty Research & Creative Works

Nanostructured membranes with precisely engineered nanopores were fabricated on a thin silicon nitride membrane, using a combination of bulk micromachining and focused-ion-beam drilling. These membranes are designed to preserve microscale blood channel dimensions, thereby permitting the red cell shape change that enhances gas exchange in the pulmonary capillary. The membranes were tested for their mechanical stability and the results were verified with finite element analysis. Initial studies have proven the membranes to be robust, and capable of withstanding pressures typically experienced in blood oxygenator channels. A novel MEMS-based blood oxygenation system employing the nanoporous membranes is also presented. The oxygenation …

New Method For Approximating Vague Sets To Fuzzy Sets Based On Voting Model, Jian Liu, Zhizhan Liu, Shunxiang Wu, Yongjian Zhang

Electrical and Computer Engineering Faculty Research & Creative Works

By analyzing Vague Sets voting model, we bring forth a new method for approximating Vague Sets to Fuzzy Sets, and its general process is presented in the article. In a voting model, firstly, we suppose that the abstainers must vote for once more, and the results are close studied. Then the randomicity, uncertainty, and conformity of voting are found. As we know, an abstainer may favor somebody, oppose somebody, or just abstain. In this article, we suppose the distribution of results is consistent with a normal distribution. So, we advance the new approximation method based on Gauss Distribution. © 2008 …

Water Leadership And The Rights Of Youth To Sustainable Development, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Re-Defining Pro Bono: Professional Commitment To Public Service, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article suggests that the current version of Rule 6.1 of the Model Rules of Professional Conduct has not achieved its objective of fostering universal public and pro bono service among lawyers, and proposes a change to the current rule that hopefully will be more successful in achieving these laudable objectives. From the earliest days of the Anglo-American legal profession, lawyers have understood public, or pro bono publico, service to be fundamental to their identity as professionals. During the last half of the 20th century, however, this evolution became a revolution, as pro bono increasingly came to be identified with …

The Protection Of The Marine Environment From Land-Based Pollution And Activities: Gauging The Tides Of Global And Regional Governance, Ann Powers

Elisabeth Haub School of Law Faculty Publications

After providing an introductory overview of the major land-based threats to the marine environment, this article focuses upon the specific global and regional efforts to address land-based marine pollution and activities through a four-part survey. The main international initiative is first described, namely, the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA). Progress in GPA implementation is next assessed with an emphasis on the documentation and results from the Second Intergovernmental Review Meeting on Implementation of the GPA held in October 2006. Major challenges constraining GPA implementation are then summarized, including limited national …

The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

To mark the ninetieth anniversary of the decision, Pace University School of Law sponsored a Symposium, The Enduring Legacy of Wood v. Lucy, Lady Duff-Gordon, to reconsider the case and to appreciate the accomplishments of Lucy, Lady Duff-Gordon, who as Lucile, became one of the twentieth century's most innovative fashion designers. The Symposium brought together leading contracts scholars from as far away as Australia and England as well as experts on Lucile from the worlds of fashion, museums and fashion scholarship.

The Symposium examined legal issues raised by the decision through panels that focused upon: implication, interpretation and default terms; …

Tax Avatars, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Anyone who has spent time in cyberspace understands the concept of an alter ego. In online games, chat rooms and on the internet generally, users select one or more avatars to represent themselves. Avatars function as the end-user’s alter ego. The avatar may be a three-dimensional character in a multiplayer game or a two-dimensional icon on a bulletin board. This article uses the concept of avatars to explain the tax treatment of real-life alter egos: agents under a power of attorney. Specifically, the article discusses (1) how traditional, standard legal instruments can be used to create legal alter egos; (2) …

The Jurisprudence Of Love, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article explores the concept of Love as an energetic, vibrational, and spiritual force. Part II provides an overview of what Love means in practice. Part III explores two areas of the law--access to health care and global warming--and suggests that significant improvements to those laws would be generated by a Love-based approach to the law.

Modes Of Procedural Reform, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Providing A Safe Harbor For Those Who Play By The Rules: The Case For A Strong Regulatory Compliance Defense, Richard C. Ausness

Utah Law Review

On September 25, 2003, a fire broke out at the National Health Care (NHC) nursing home facility in Nashville, Tennessee, causing sixteen deaths and a number of injuries from smoke inhalation.1 Thirty-two victims subsequently filed suit against the nursing home, alleging that NHC was negligent for failing to install sprinklers in its facility.2 This claim was made notwithstanding the fact that applicable federal, state, and local safety regulations did not require the installation of sprinklers in this particular type of building, and notwithstanding that the NHC facility had been inspected by state fire inspectors just months before the fire and …

Half-Truths, Mistakes, And Embarrassments: The United States Goes To The Fifth Meeting Of The Special Session To Review The Operation Of The Hague Convention On The Civil Aspects Of International Child Abduction, Merle H. Weiner

Utah Law Review

The United States was not an admirable leader at the Fifth Meeting. When invited by the pre-meeting questionnaire to “make proposals concerning recommendations to be made by the Special Commission,” the United States was silent.493 The United States, however, was vocal in its indifference, or perhaps hostility, to the plight of domestic violence victims. While its position was condemnable, the transparency with which the United States presented it allows concerned individuals to address the merits of the U.S. position. In contrast, the U.S. position on a number of other issues was obscured with nationalistic legal language. The use of this …

The Constitutionality Of Split-Recovery Punitive Damage Statutes: Good Policy But Bad Law, Bethany Rabe

Utah Law Review

Whether or not one feels sympathy for the defendants against whom punitive damage judgments are often assessed, the Constitution mandates that even the most unpopular defendants receive its protection. When the state becomes definitively involved in the punishment of bad actors, even in what would otherwise be a civil case, defendants deserve the elevated constitutional safeguards of a criminal trial to protect them. As outlined above, the penal purpose of punitive damages combined with the direct financial benefit to states under split-recovery statutes creates constitutional issues. There are, however, ways to retain the benefits of split-recovery statutes without implicating constitutional …

Shari 'Ah 'S "Black Box": Civil Liability And Criminal'exposure Surrounding Shari 'Ah-Compliant Finance, David Terushalmi

Utah Law Review

Shari 'ah-compliant finance exposes financial institutions and other businesses to a host of disclosure, due diligence, and compliance issues, all of which elevate the civil liability and criminal exposure such companies otherwise factor into their business risk profiles. Preliminary legal analysis indicates that little of this increased civil and criminal exposure has been recognized, analyzed, or guarded against in any meaningful way. Rather than confronting issues material to a typical post-9/11 investor, lawyers and accountants have placed SCF in a secular "black box," immune from the exacting scrutiny required of professional advisors in the modem U.S. legal regime. -But failure …

A Method To Protect Computer Programs: The Integration Of Copyright, Trade Secrets, And Anticircumvention Measures, Deborah Azar

Utah Law Review

Unlike other forms of expression,' software was born digital, making protection against copying one of the main concerns of the software industry. Software is machine-readable code, written by humans, that gives instructions to a computer. Software can also be read by humans. Software is written in source code and then compiled into object code in order for it to be read by a computer. That code can be decompiled with the use of other programs which perform an operation to reverse the code. In 1994~ Pamela Samuelson, Randall Davis, Mitchell D. Kapor, and J. H. Reichman ended their Manifesto Concerning …

Race, Civil Rights, And Hate Speech In The Digital Era, Jessie Daniels

Publications and Research

The emergence of the digital era has had unintended consequences for race, civil rights, and hate speech.This chapter looks at the prevalence of both overtly racist sites, such as Stormfront, and at "cloaked" sites, that purport to advocate civil rights but disguise a racist agenda.

Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Mandatory Rules, Scott Dodson

Faculty Scholarship

No abstract provided.

¡Oye!: Língua E Negócio Entre O Brasil E A Espanha, Laura Villa, José Del Valle

Publications and Research

Neste estudo sobre a promoção internacional do espanhol, centramos a análise no acordo ¡Oye! Espanhol para professores, assinado em setembro de 2006 entre o Banco Santander espanhol e a Secretaria de Educação do Estado de São Paulo, cuja finalidade era a formação de 45.000 professores de espanhol para atuarem no ensino médio brasileiro. O acordo, que envolveu também o Instituto Cervantes espanhol, recebeu uma forte oposição por parte da comunidade educacional, que se mobilizou para sustar sua implementação. Neste trabalho, apresentamos e analisamos diferentes ações e discursos face ao acordo por parte dos agentes envolvidos no debate, ao mesmo …

A Transnational Conversation On French Colonialism, Immigration, Violence And Sovereignty, Miriam Ticktin, Ruth Marshall, Paolo Bacchetta

Publications and Research

This conversation was transcribed from a panel discussion that took place at The Scholar & Feminist Conference XXXII, “Fashioning Citizenship: Gender and Immigration,” held on March 24, 2007 at Barnard College.

Law, Environmental Dynamism, Reliability: The Rise And Fall Of Calfed, Dave Owen

Faculty Scholarship

No abstract provided.

Appreciating Mandatory Rules: A Reply To Critics, Scott Dodson

Faculty Scholarship

No abstract provided.

Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett

Faculty Scholarship

No abstract provided.

Rethinking Compensation For Mental Distress: A Critique Of The Restatement (Third) §§ 45-47, John L. Diamond

Faculty Scholarship

No abstract provided.

American Indians, Crime And The Law: Five Years Of Scholarship On Criminal Justice In Indian Country, Kevin Washburn

Faculty Scholarship

Opening remarks.

Restoring The Grand Jury, Kevin Washburn

Faculty Scholarship

Though it is enshrined in the Constitution, the grand jury is one of the least respected institutions in American criminal justice today. Scholars regard the grand jury just as doctors regard the appendix: an organic part of our constitutional makeup, but not of much use. While scholars have proposed reforms, most of them seem only loosely related to the fundamental purpose of the grand jury. In an era of plea bargains, the grand jury can serve a crucial role in insuring popular legitimacy in the criminal justice system. In light of the criticism, however, the grand jury seems to be …

Sex Offender Registration In Indian Country, Kevin Washburn, Virginia Davis

Faculty Scholarship

This article critiques Sex Offender Registration and Notification Act [SORNA] and places it in the context of the broader scheme of public safety and criminal jurisdiction on Indian reservations. Part I briefly explains the jurisdictional background of criminal law and regulatory authority on Indian lands. Part II discusses the particular development of federal and tribal sex offender registration and notification laws. Part III explains how SORNA engages Indian tribes and other registration jurisdictions as a prelude to discussion of the obstacles of effective implementation on Indian lands. Part IV offers some criticisms of SORNA for further fragmenting regulatory and criminal …

The Legacy Of Bryan V. Itasca County: How An Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion In Indian Gaming Revenue, Kevin Washburn

Faculty Scholarship

This Article places Bryan v. Itasca County in historical context and gives credit where credit is due. From the perspective of three decades, it describes the litigation and its ramifications, and highlights the work of the legal services attorneys who brought Indian tribes this landmark victory. Part I briefly describes the litigation through the state supreme court. Part II discusses, in much greater detail, the appeal to the U.S. Supreme Court. Part III analyzes the unanimous Supreme Court opinion reversing the state courts and describes the breathtaking scope of the opinion, as well as its implications. Part IV briefly describes …

Disability Advocacy And Atkins, James W. Ellis

Faculty Scholarship

This Article examines the correlation between the Court's perception and its resolution of the constitutional issues, most dramatically exhibited in Atkins. Part II of this Article briefly examines the history of discrimination against persons with mental retardation. Part III of this Article traces the history of the Court's decisions involving persons with mental retardation, giving special attention to the way in which the Justices' opinions reveal their apparent understanding of mental retardation and the relationship between individuals who have the disability and the law.5 Finally, Part IV addresses the Atkins opinion itself, with emphasis on the Court's understanding of mental …