Digital Commons Network^™

My How You've Grown: The St. Mary's Law Journal Turns Forty Remark., Martin D. Beirne

St. Mary's Law Journal

Abstract Forthcoming.

Chapters In The History Of The Supreme Court Of Texas: Reconstruction And Redemption (1866-1882)., Hans W. Baade

St. Mary's Law Journal

Abstract Forthcoming.

It's About Time: The Need For A Uniform Approach To Using A Prior Conviction To Impact A Witness., Robert F. Holland

St. Mary's Law Journal

In Texas, no uniform approach exists in determining whether to admit evidence of a prior conviction as a technique to impeach a witness. This lack of uniformity leads to significant consequences for the parties and poses a potential prejudicial effect on the truthful character of a witness. Furthermore, there is currently no bright-line judicial standard when evaluating the admissibility of certain prior convictions. Although the Texas Court of Criminal Appeals in Theus v. State provided a non-exhaustive set of factors for trial judges to consider, the court has yet to clarify particular aspects of how to properly apply Texas Rule …

Women And The Democracy Project: A Feminist Take On Women's Political Participation In The Philippines, Ma. Lourdes Veneracion-Rallonza

Political Science Department Faculty Publications

No abstract provided.

The Tax Treatment Of Advance Receipts, David Hasen

Publications

Under the present income tax, some advance receipts are neither taxable on receipt nor deductible on repayment, while others are taxable when received and deductible when repaid or paid for. From a purely theoretical perspective, it remains unclear why different sets of rules apply in different cases. For example, if the fact of unrestricted control over the payment compels the conclusion that it is income, then most advance receipts, including loan proceeds, should be included in income immediately. Conversely, if the presence of an offsetting liability compels the conclusion that the payment is not (yet) income, then most advance receipts, …

2008-2009 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Shame, Paul Campos

Publications

Here are some observations drawn from nearly seventeen years spent as a legal academic, using a particular device: the depiction of several fictional yet all-too-familiar legal academic characters. With one exception these characters are imaginary - yet their name is legion. The characters are The Drone, The Bully, The Hack, and The Fraud.

What can be done about them - or about us? Answering this question at all satisfactorily requires confronting more than the personal flaws of particular individuals: it necessitates grappling with the structural failures of the contemporary law school. It's true that some of what is wrong with …

Perceptions Of Doctoral Graduates On The Usefulness Of Written Reflections As An Instructional Strategy, Esther Swink

International Christian Community of Teacher Educators Journal

One of the goals of the Ed.D. in Leadership and Professional Practice at Trevecca Nazarene University is for candidates to be reflective practitioners. Since the inception of the program in 1999, written reflections as an instructional strategy has been encouraged by the administration and used by several professors. This focus is supported by the conceptual framework that informs all courses and programs in the School of Education and includes the national standards adopted by INTASC (Interstate New Teacher Assessment and Support Consortium) which calls for teacher education candidates to be reflective practitioners who plan, implement, and evaluate effectively. This standard …

Neuroscience And Education: The Importance Of A Christian Understanding Of Human Persons, Laura A. Barwegen Ed.D.

International Christian Community of Teacher Educators Journal

The increased research in the neurosciences has affected the discipline of education in numerous ways, with publications translating this research into classroom practices. A caution is given to Christian educators to carefully reflect upon how this research influences our view of human persons and what difference this view makes in the teaching and learning process. The purpose of this paper is (1) to examine some of the ways that neuroscience is speaking into the discipline of education, particularly in understanding the capabilities and processes of the learner; (2) to develop an awareness of how this affects our understanding of persons; …

Diversity: A Longitudinal Study Of How Student Diversity Relates To Resilience And Successful Progression In A New Generation University, Adrianne Kinnear, Mary Boyce, Heather Sparrow, Sharon Middleton, Marguerite Cullity

Research outputs pre 2011

This project used the voices of diverse cohorts of students to describe their learning journeys as they progressed through the later years of their degree and into the workforce. The project combined quantitative data from a large student sample with qualitative data from a series of case study narratives to document the students’ perceptions about their learning experiences, the factors underpinning progression in their studies and their transition into the workplace. The project has attempted to answer the question: does diversity matter? Do students of different diversities progress differently, and are there differences in the factors enhancing progression and developing …

Small And Medium Enterprises And The Environment: Barriers, Drivers, Innovation And Best Practice: A Review Of The Literature, Beth Walker, Janice Redmond, Lynnaire Sheridan, Calvin Wang, Ute Goeft

Research outputs pre 2011

Small and medium enterprises are the largest business sector in every economy in the world 1, and generate the majority (up to 60%) of global economic output2. In the Australian context, a small business or enterprise is one that employs up to 20 staff while a small and medium sized enterprise (an SME) is a business that employs up to 200 staff. By this definition, more than 99% of all actively trading businesses (more than 1.95 million enterprises) in Australia are SMEs3 . There is a growing body of research supporting the need for SMEs to become engaged in the …

Business Trends In Malaga 2001-2008 : Comparative Report, Beth Walker, Bernadette Straham

Research outputs pre 2011

No abstract provided.

Review Of The Social And Emotional Wellbeing Of Indigenous Australian Peoples, Darren Garvey

Research outputs pre 2011

The first case of diabetes among Indigenous people was recorded in Adelaide in 1923. Records prior to this time showed that Indigenous people were fit, lean, and did not suffer from any form of metabolic condition, which were largely believed to be a characteristic of European populations. The earliest detailed studies investigating the development of diabetes in Indigenous populations were not undertaken, however, until the early 1960s. These and subsequent studies found a significant correlation between the development of a ‘westernised’ lifestyle and the levels of type 2 diabetes in the Indigenous population.

Since that time, type 2 diabetes has …

Review Of Illicit Drug Use Among Indigenous Peoples, Michelle Catto, Neil Thomson

Research outputs pre 2011

Drug misuse has significant impacts on families and communities and is a major concern for Australia. The misuse of licit drugs (such as alcohol and tobacco) continues to have the most significant negative impacts, but the use of illicit drugs is also a contributing factor in ill-health, injuries, violence and criminal behaviour, workplace problems and the disruption of family, community and the broader society. The greater level of substance misuse in the Indigenous population reflects the history of dispossession and oppression of Indigenous people; their entrenched social and economic marginalisation requires holistic and well-funded strategies to address the underlying social …

A Light Load Eccentric Exercise Confers Protection Against A Subsequent Bout Of More Demanding Eccentric Exercise, Andrew Lavender, Kazunori Nosaka

Research outputs pre 2011

No abstract provided.

Meeting Report: Risk Assessment Of Tamiflu Use Under Pandemic Conditions, Ac Singer, Bm Howard, Ac Johnson, Cj Knowles, S Jackman, C Accinelli, Ab Caracciolo, I Bernard, S Bird, T Boucard, A Boxall, Jv Brian, E Cartmell, C Chubb, J Churchley, S Costigan, M Crane, Mj Dempsey, B Dorrington, B Ellor, J Fick, J Holmes, T Hutchinson, F Karcher, Sl Kelleher, P Marsden, G Noone, Ma Nunn, J Oxford, T Rachwal, N Roberts, M Roberts, Ml Saccà, M Sanders, Jo Straub, A Terry, D Thomas, S Toovey, R Townsend, N Voulvoulis, C Watts

School of Geography, Earth and Environmental Sciences

No abstract provided.

The Osi Network Management Model - Capacity And Performance Management, Chompu Nuangjamnong, Stanislaw P. Maj, David Veal

Research outputs pre 2011

With the rapid growth of large enterprise networks, capacity and performance management issues are becoming increasingly important to both business organizations and the telecommunication industry. Capacity and performance management techniques and methods provide guidance on how to plan, justify and manage network resources. Inappropriate planning for capacity and performance may lead to wasted resources resulting in unnecessary cost, or lack of resources resulting in poor network performance or even the unavailability of IT services. Moreover, it is not uncommon for networks to be equipped with devices from different vendors which potentially add to complexity. Resource management may be assisted by …

Research Criteria For The Diagnosis Of Alzheimer's Disease: Genetic Risk Factors, Blood Biomarkers And Olfactory Dysfunction, Jonathan Foster, Hamid Sohrabi, Giuseppe Verdile, Ralph Martins

Research outputs pre 2011

No abstract provided.

Physiological Characteristics Of The Seagrass Posidonia Sinuosa Along A Depth-Related Gradient Of Light Availability, Catherine Collier, Paul Lavery, Peter Ralph, Ray Masini

Research outputs pre 2011

Physiological plasticity has the capacity to prolong seagrass survival under reduced light conditions. However, when light is attenuated across a depth gradient, the relative importance of this over other mechanisms for tolerating long-term light reduction (such as morphological adjustments and shoot loss) has been questioned. This study aimed to describe a number of the physiological characteristics of Posidonia sinuosa Cambridge et Kuo along a depth-related gradient of light availability (1.6 to 9.0 m depth) and infer how these characteristics are important for the long-term maintenance of the meadow. Rapid light curve-derived parameters, light harvesting pigments, photoprotective pigments and nutrient and …

Falls, Depression And Antidepressants In Later Life: A Large Primary Care Appraisal, Ngaire Kerse, Leon Flicker, Jon J. Pfaff, Brian Draper, Nicola T. Lautenschlager, Moira Sim, John Snowdon, Osvaldo P Almeida

Research outputs pre 2011

Background: Depression and falls are common and co-exist for older people. Safe management of each of these conditions is important to quality of life.

Methods: A cross-sectional survey was used to examine medication use associated with injurious and non-injurious falls in 21,900 community-dwelling adults, aged 60 years or over from 383 Australian general practices recruited for the DEPS-GP Project. Falls and injury from falls, medication use, depressive symptoms (Primary Health Questionnaire (PHQ-9)), clinical morbidity, suicidal ideation and intent, health status (SF-12 Health Survey), demographic and lifestyle information was reported in a standardised survey.

Findings: Respondents were 71.8 years (sd 7.7) …

A Study Into The Forensic Recoverability Of Data From 2nd Hand Blackberry Devices: World-Class Security, Foiled By Humans, Craig Valli, Andrew Jones

Research outputs pre 2011

Blackberry RIM devices are arguably one of the more secure platforms for email, calendaring and voice. It is one of the few devices in this arena that has approval for carrying restricted security classifications. Blackberry devices do suffer from the same basic fundamental flaw in that they have a human operator. This research was about the blind purchase of Blackberry devices from auctions. Of the 15 Blackberry examined in this study 3 were able to be fully recovered. They all revealed personal and corporate details about the users of the devices.

The 2007 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andrew Jones, Craig Valli, Glenn Dardick, Iain Sutherland

Research outputs pre 2011

All organisations, whether in the public or private sector, increasingly use computers and other devices that contain computer hard disks for the storage and processing of information relating to their business, their employees or their customers. Individual home users also increasingly use computers and other devices containing computer hard disks for the storage and processing of information relating to their private, personal affairs. It continues to be clear that the majority of organisations and individual home users still remain ignorant or misinformed of the volume and type of information that is stored on the hard disks that these devices contain …

The Relationship Between Isometric And Dynamic Strength In College Football Players, Michael R. Mcguigan, Jason Winchester

Research outputs pre 2011

Previous research has demonstrated the importance of both dynamic and isometric maximal strength and rate of force development (RFD) in athletic populations. The purpose of this study was to examine the relationships between measures of isometric force (PF), RFD, jump performance and strength in collegiate football athletes. The subjects in this study were twenty-two men [(mean ± SD):age 18.4 ± 0.7 years; height 1.88 ± 0.07 m; mass 107.6 ± 22.9 kg] who were Division I college football players. They were tested for PF using the isometric mid thigh pull exercise. Explosive strength was measured as RFD from the isometric …

Carbohydrate Gel Ingestion And Immunoendocrine Responses To Cycling In Temperate And Hot Conditions, Jonathan Peake, Jeremiah J. Peiffer, Christopher R. Abbiss, Kazunori Nosaka, Paul B. Laursen, Katsuhiko Suzuki

Research outputs pre 2011

No abstract provided.

13c And 15n Translocation Within And Among Shoots In Two Posidonia Species From Western Australia, Patricia Prado, Catherine Jane Collier, Paul Lavery

Research outputs pre 2011

Translocation of 13C and 15N was investigated at the spatial scales of within-shoot (i.e. the seagrass clonal unit including leaves and associated vertical rhizome) and among-shoots in a mixed meadow of Posidonia sinuosa and P. australis. Incubation with 13C and 15N was conducted in either the oldest leaf of a shoot (i.e. within-shoot scale) or in the first shoot on the 4th or 5th branch of the main axis (i.e. among-shoots scale) and collected several times within a 1 mo period. We tested the following hypotheses: (1) developmental features in P. australis such as thicker and more open vascular system, …

Regional Differences In Lumbar Spinal Posture And The Influence Of Low Back Pain, Tim Mitchell, Peter O'Sullivan, Angus Burnett, Leon Straker, Anne Smith

Research outputs pre 2011

Background: Spinal posture is commonly a focus in the assessment and clinical management of low back pain (LBP) patients. However, the link between spinal posture and LBP is not fully understood. Recent evidence suggests that considering regional, rather than total lumbar spine posture is important. The purpose of this study was to determine; if there are regional differences in habitual lumbar spine posture and movement, and if these findings are influenced by LBP. Methods: One hundred and seventy female undergraduate nursing students, with and without LBP, participated in this cross-sectional study. Lower lumbar (LLx), Upper lumbar (ULx) and total lumbar …

Bots Trained To Play Like A Human Are More Fun, Bhuman Soni, Philip Hingston

Research outputs pre 2011

Computational intelligence methods are well-suited for use in computer controlled opponents for video games. In many other applications of these methods, the aim is to simulate near-optimal intelligent behaviour. But in video games, the aim is to provide interesting opponents for human players, not optimal ones. In this study, we trained neural network-based computer controlled opponents to play like a human in a popular first-person shooter. We then had gamers play-test these opponents as well as a hand-coded opponent, and surveyed them to find out which opponents they enjoyed more. Our results show that the neural network-based opponents were clearly …

Using Neat For Continuous Adaptation And Teamwork Formation In Pacman, Markus Wittkamp, Luigi Barone, Philip Hingston

Research outputs pre 2011

Despite games often being used as a testbed for new computational intelligence techniques, the majority of artificial intelligence in commercial games is scripted. This means that the computer agents are non-adaptive and often inherently exploitable because of it. In this paper, we describe a learning system designed for team strategy development in a real time multi-agent domain. We test our system in the game of Pacman, evolving adaptive strategies for the ghosts in simulated real time against a competent Pacman player. Our agents (the ghosts) are controlled by neural networks, whose weights and structure are incrementally evolved via an implementation …

Twenty-Three Steps To Learning Web 2.0 Technologies In An Academic Library, Julia Gross, Lynette Leslie

Research outputs pre 2011

Purpose – This paper aims to report on the adoption and evaluation of a Learning 2.0 program in a pilot program at the Edith Cowan University Library during 2007. Design/methodology/approach – The paper examines the suitability of Learning 2.0 for training eight “early adopters” among library staff in the new and emerging Web 2.0 technologies. The program was set up and deployed via a blog, which recorded staff progress through the nine-week implementation phase of the program. At the conclusion, a focus group was held and the pilot group members responded to questions about the relevance of the program, and …

Transforming Schooling With Support From Portable Computing, Christopher Newhouse

Research outputs pre 2011

For over two decades educators have hailed the possibility of harnessing the capabilities of portable computing to transform Australian schools into places where students experience powerful learning environments, relevant to the 21st Century. For some schools in Australia this journey is well into its second decade with the use of networkable portable computing devices to provide anywhere-anytime learning opportunities. While some of the potential has been realised invariably the finding has been that using the technology to create powerful learning environments in real school setting is not a trivial matter and needs to consider a range of factors. So when …