Digital Commons Network^™

Floristic Records In The Platte And Loup River Bottomlands Of Platte County, Nebraska, Michael P. Gutzmer, Robert B. Kaul

Transactions of the Nebraska Academy of Sciences and Affiliated Societies

A recent inventory of vascular plants in the Loup and Platte riverbottoms in Platte County has greatly increased knowledge of the area's flora. Of the 542 species of vascular plants now known to grow in the county, 289 were discovered after 1977, with more than 100 of those after 1990. 425 native and 117 naturalized species are known so far. Nearly 700 native and naturalized alien species are expected to occur in the county, based upon totals from nearby counties. Thus, almost 150 years after European settlement, more than 20% of the species remain unverified; of those, many are undoubtedly …

The Effects Of Mismatching Teacher Candidates With Mentoring Teachers, Hibajene Shandomo, Jeremy Zelkowski

Journal of Inquiry and Action in Education

The majority of teacher candidates are eager to enter the field of teaching for their junior participation to try out methods such as Problem Solving Approach that they have been learning throughout their classes at college. In mathematics, for example, semester after semester, I place an emphasis on the use of Problem Solving Approach which is natural to children because the world is new to them. Children exhibit curiosity, intelligence, and flexibility as they face new situations (Principles and standards for school mathematics, 2000). In science, the inquiry method is emphasized. The challenge for preservice teachers is to build on …

The Anatomy Of A Teachable Moment: Implications For Teacher Educators, Phyllis Thompson

Journal of Inquiry and Action in Education

A university professor observes the use of a Native American stereotype by a cooperating teacher in an elementary art classroom while supervising a preservice teacher. She identifies ways that the teacher’s words potentially harmed her students and reflects on her own role. This “teachable moment” is described, and characteristics of institutionalized racism and white dominance are examined as a foundation for racist insensitivities in the classroom. The professor calls for preservice teachers to be prepared in their teacher education programs to be culturally responsive. She draws on a study of preservice teachers mentoring minority children to demonstrate how change can …

Privacy And Funeral Protests, Christina E. Wells

Faculty Publications

This article examines the free speech implications of funeral protest statutes. Enacted in response to the Westboro Baptist Church, whose members protest at funerals to spread their antigay message, such statutes restrict a broad array of peaceful expressive activity. This Article focuses on the states’ interest underlying these statutes - protecting mourners’ right to be free from unwanted intrusions while at funeral services. Few would argue against protecting funeral services from intrusive protests. These statutes, however, go far beyond that notion and protect mourners from offensive, rather than intrusive, protests. As such, they do not conceive of privacy as protection …

Databasing The Disappeared And Deceased: A Review Of The Resources Available In Missing And Unidentified Persons Cases, Erin Mcmenamin

LSU Master's Theses

When an individual goes missing or an unidentified body is found, many resources are available to assist in resolving the case. These resources are operated and contributed to by a wide variety of entities including state, county, and local law enforcement agencies, coroners, medical examiners, forensic anthropologists and odontologists, military personnel, nonprofit organizations, volunteers, and concerned citizens among others. Currently, our nation does not have a single, fully operational, centralized database that is solely dedicated to finding missing persons and identifying the bodies of Jane and John Does. The existing resources for missing and unidentified persons cases are almost innumerable …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Consenting Adults? Why Women Who Submit To Supervisory Sexual Harassment Are Faring Better In Court Than Those Who Say No…And Why They Shouldn’T, Kerri Lynn Stone

Faculty Publications

Today, as a sexual harassment plaintiff who failed to report harassment before bringing suit, you likely will fare better under the law if you submitted to your harasser and engaged in relations with him, than you would if you had passively resisted until you were driven out of your employment. This Article examines the law’s illogical preference for plaintiffs who acquiesced to the propositions of their supervisors over those who resisted harassment but nonetheless failed to report it. It explores the roots of such a preference in society, as well as its consequences. Ultimately, this Article asks critical questions that …

2008-2009 Graduate Catalog, Morehead State University

Morehead State Catalog Archive

2008-2009 graduate catalog for Morehead State University.

Do Churches Matter? Towards An Institutional Understanding Of The Religion Clauses, Richard W. Garnett

Journal Articles

In recent years, several prominent scholars have called attention to the importance and role of First Amendment institutions and there is a growing body of work informed by an appreciation for what Professor Balkin calls the infrastructure of free expression. The freedom of expression, he suggests, requires more than mere absence of government censorship or prohibition to thrive; [it] also require[s] institutions, practices and technological structures that foster and promote [it]. The intuition animating this scholarship, then, is that the freedom of expression is not only enjoyed by and through, but also depends on the existence and flourishing of, certain …

Jail For Juvenile Child Pornographers?: A Reply To Professor Leary, Stephen F. Smith

Journal Articles

Even though Professor Leary and I are united in the goal of protecting children against sexual exploitation, we part company on the proper societal response to the problem of self-produced child pornography. In my view, children who produce and distribute pornographic images of themselves ordinarily should not be regarded as proper objects of punishment. In this context, child protective services, backed up if necessary by the threat of criminal prosecution, is a much more appropriate way of reforming minors and protecting them against the serious dangers to which they expose themselves by creating and distributing pornographic images of themselves. A …

The Nobel Effect: Nobel Peace Prize Laureates As International Norm Entrepreneurs, Roger P. Alford

Journal Articles

For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or norm cascades), and norm internalization. As such, constructivism treats international law as a dynamic process in which norm entrepreneurs interact with state actors …

The Evangelical Debate Over Climate Change, John Copeland Nagle

Journal Articles

In 2006, a group of prominent evangelicals issued a statement calling for a greater response to climate change. Soon thereafter, another group of prominent evangelicals responded with their own statement urging caution before taking any action against climate change. This division among evangelicals concerning climate change may be surprising for a community that is usually portrayed as homogenous and as indifferent or hostile toward environmental regulation. Yet there is an ongoing debate among evangelicals regarding the severity of climate change, its causes, and the appropriate response. Why? The answer to this question is important because of the increasing prominence of …

Bringing Clarity To Title Clearing: Tax Foreclosure And Due Process In The Internet Age, James J. Kelly Jr.

Journal Articles

The foreclosure of property tax liens performs an essential economic function by reconnecting underutilized properties to the real estate market. To clear title in an efficient and just manner, local jurisdictions foreclosing on tax liens require clear, balanced procedures for the provision of notice to affected parties. In its 2006 decision in Jones v. Flowers, the U.S. Supreme Court found that the foreclosing jurisdiction's lack of direct follow-up on returned notice mailings denied the addressee due process because the foreclosing party did not take steps that would be chosen by one desirous of actually informing the property owner. In subjecting …

Fourth Amendment Protection For Stored E-Mail, Patricia L. Bellia, Susan Freiwald

Journal Articles

The question of whether and how the Fourth Amendment regulates government access to stored e-mail remains open and pressing. A panel of the Sixth Circuit recently held in Warshak v. United States, 490 F.3d 455 (6th Cir. 2007), that users generally retain a reasonable expectation of privacy in the e-mails they store with their Internet Service Providers (ISPs), which implies that government agents must generally acquire a warrant before they may compel ISPs to disclose their users' stored e-mails. The Sixth Circuit, however, is reconsidering the case en banc. This Article examines the nature of stored e-mail surveillance and argues …

Gene Targeting In Adult Rhesus Macaque Fibroblasts, Daniel T. Meehan, Mary Ann Zink, Melissa Mahlen, Marilu Nelson, Warren G. Sanger, Shoukhrat M. Mitalipov, Don P. Wolf, Michel M. Ouellette, Robert B. Norgren

Journal Articles: Genetics, Cell Biology & Anatomy

BACKGROUND: Gene targeting in nonhuman primates has the potential to produce critical animal models for translational studies related to human diseases. Successful gene targeting in fibroblasts followed by somatic cell nuclear transfer (SCNT) has been achieved in several species of large mammals but not yet in primates. Our goal was to establish the protocols necessary to achieve gene targeting in primary culture of adult rhesus macaque fibroblasts as a first step in creating nonhuman primate models of genetic disease using nuclear transfer technology.

RESULTS: A primary culture of adult male fibroblasts was transfected with hTERT to overcome senescence and allow …

Tort Liability For Vendors Of Insecure Software: Has The Time Finally Come?, Michael D. Scott

Maryland Law Review

No abstract provided.

The President’S Question Time: Power, Information, And The Executive Credibility Gap, Sudha Setty

Faculty Scholarship

The rule of law depends on a working separation of powers and transparency and accountability in government. If information is power, the ability of one branch of government to control information represents the ability to control federal legislation, policy, and decision-making. The Framers of the United States Constitution developed the Madisonian model of separated powers and functions, and a system of checks and balances to maintain those separations, with this in mind. History has shown a progressive shift of the power to control information toward the executive branch and away from the Legislature. Particularly when unified, one-party government precludes effective …

(E)Racing Jennifer Harris: Sexuality And Race, Law And Discourse In Harris V. Portland, Kristine E. Newhall, Erin E. Buzuvis

Faculty Scholarship

In 2007 Penn State basketball coach Rene Portland retired shortly after a confidential settlement ended a discrimination lawsuit brought by former player Jennifer Harris against Portland and Penn State. Because of Portland's infamous policy of not allowing lesbians on her team, her departure was celebrated as a victory against homophobia in sports. Yet although Harris's claims of sexual orientation discrimination were validated in the media, her allegations of racial discrimination were ignored or dismissed as implausible. In this Article, the authors examine the omission of race from the discourse surrounding this case and suggest that both legal and cultural factors …

A Prescription For Racial Equality In Medicine, Barbara A. Noah

Faculty Scholarship

A significant body of evidence suggests that minority race adversely affects the quantity and quality of health care provided to minority patients. Although no one has documented systemic overt racism among health care providers, persistent inequities in the delivery of health care services pose serious problems for patients of color. Ultimately, the medical establishment must confront the reality that African Americans and other racial minorities often do not receive equal treatment in the health care system.

The continued implementation of affirmative action programs as part of the medical school admissions process plays a key role in improving health care delivery …

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Faculty Scholarship

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat

Scholarship@WashULaw

Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Scholarship@WashULaw

This brief essay sketches out a, "militant moderate," take on the role of foreign and international law in constitutional interpretation. The essay examines and critiques the key arguments and assumptions of both internationalists (like Justice Breyer) and nationalists (like Justice Scalia). It urges scholars and policymakers to shift from the Crossfire-style debate that has dominated in recent years, toward a more nuanced approach that strikes a balance between the legitimate concerns of nationalists and the legitimate aspirations of internationalists. A militant moderate approach situates the debate over foreign authority in its broader context: American judges' growing participation in transnational judicial …

Social Impact, Edward F. Lawler, Tonya E. Edmonds, Enola K. Proctor, Ellen Rostand, Julie Kennedy, Jessica Martin, Toky Branding + Design, Donna Boyd, A.J. Boyd

Social Impact Publication

From the Dean: Remember the Past. Imagine the Future. Celebrate Today.;

Perspectives: Temperature Rising: Health Care Reform is Back;

Bookshelf: From Incentives to Intuition: What Faculty and Staff are Reading.;

Perspectives with Melissa Jonson-Reid & Brett Drake: Changing the Role of Child Welfare; Perspectives: SEED for Oklahoma Kids.;

Interview: Q&A with Julian Le Grand;

Connecting Individual Health with Public Health: New interdisciplinary approaches are needed to solve today's health care challenges. The solution lies at the nexus of social work, public health, and medicine.;

The Green Dream: The social work profession has been slow to engage the issue of environmental …

Fundamentals Of Speech, Steelman Library, Steven Dendrinos

Syllabus Repository

No abstract provided.

Il-21 Limits Peripheral Lymphocyte Numbers Through T Cell Homeostatic Mechanisms., Shrimati Datta, Nora E. Sarvetnick

Journal Articles: Regenerative Medicine

BACKGROUND: IL-21, a member of the common gamma-chain utilizing family of cytokines, participates in immune and inflammatory processes. In addition, the cytokine has been linked to autoimmunity in humans and rodents.

METHODOLOGY/PRINCIPAL FINDINGS: To investigate the mechanism whereby IL-21 affects the immune system, we investigated its role in T cell homeostasis and autoimmunity in both non-autoimmune C57BL/6 and autoimmune NOD mice. Our data indicate that IL-21R knockout C57BL/6 and NOD mice show increased size of their lymphocyte population and decreased homeostatic proliferation. In addition, our experimental results demonstrate that IL-21 inhibits T cell survival. These data suggest that IL-21 acts …

How The Law Defines Journalism, Rhonda Breit

Graduate School of Media and Communications

Studies proffering critiques of journalism and developing theories that seek to explain what it is have been dominated by research into journalists 'attitudes, social structures and cultural influences and effects. Thus these studies are essentially linear and intra-professional. This paper calls for a broader examination of understandings of journalism based on Abbott’s concept of occupational jurisdiction. Abbott (1988, J993, p. 204) argues that professions cannot be studied individually, but should be examined in the context of an interacting system of professionals; that a theory of professions must take account of culture and social structure as well as intra-, inter- and …

Journalistic Self-Regulation In Australia: Is It Ready For The Information Society?, Rhonda Breit

Graduate School of Media and Communications

This article examines the system of journalistic accountability in Australia, evaluating its capacity to promote `the highest ethical and professional standards' seen as fundamental to achieving the World Summit on the Information Society (WSIS) vision for an inclusive information society. First, it outlines the approach to media and journalistic accountability adopted in Australia. It then analyses a representative sample of journalism codes of ethics and codes of practice, classifying them according to their approaches to self-regulation, the key characteristics of the codes and the approaches to dispute resolution adopted. The findings of this analysis are then compared with best practice …

Catholic Social Teaching And Health Care For All, Patrick T. Mccormick M.S.

Verbum Incarnatum: An Academic Journal of Social Justice

Over 47 million Americans find themselves without health insurance in the richest and most Christian nation in the world. Catholic Social Teaching views this situation as an unjust violation of a basic human right to medical care, arguing that all persons have the right to those goods and services necessary for the proper development of life. In making this claim, Catholic Social Teaching advances three biblical principles: (1) that all persons are sacred and social, (2) that God hears the cries of the poor, and (3) that believers are directed to make a preferential option for the poor. In addition, …

Reconnecting Schools And Neighborhoods: A Proposal For School Centered Community Revitalization In Baltimore Maryland, Cody Miller

Architecture Theses and Projects

This project explores the concept of school-centered community as a key aspect in assisting urban renewal through architecture. It employs this concept through the architectural design of a middle school in Baltimore, Maryland that has a focus on music. The existing context of an urban site in the Oldtown area is analyzed to generate a solution to the area’s educational problems as well as to provide an urban renewal plan. In order to develop a project that has great potential to succeed, the projects site was specifically chosen based on its context.

Pushing The Green Envelope: Education & Research Center For Sustainability, Emma Fischer

Architecture Theses and Projects

I propose to design a Center for Sustainability that serves as a place to educate students and the public, as well as provide a place to research and experiment, in an effort to further the developing technologies of this ecological study. While living in a perpetually changing world, I believe a place is needed to teach about these changes as well as adapt to them. I propose to build a center that both educates people about the background of the subject as well as teaching them the present, practical aspects of sustainability. Classes and exhibits will give visitors the education …