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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.

Book Review: Monkey Girl: Evolution, Education, Religion And The Battle For America’S Soul By Edward Humes, Wesley Hickey

Educational Leadership and Policy Studies Faculty Publications and Presentations

Monkey Girl reviews the intelligent design movement by reporting on the Kitzmiller v. Dover trial in which Judge John Jones ruled on both the religiosity and scientific merits of an adopted school policy promoting this hypothesis.

Life History Observations And Determination Of Potential Host Fish Species For Chipola Slabshell, Elliptio Chipolaensis, Lisa Preister

Theses and Dissertations

North America is home to nearly 300 species of freshwater mussels with approximately 80% being found in the southeastern United States. The Federally threatened species, Elliptio chipolaensis (Chipola slabshell), is considered an endemic species to the Chipola River Basin in the Florida panhandle. E. chipolaensis glochidia are released from the female in conglutinates The potential fish host species for Elliptio chipolaensis are the bluegill and redbreast sunfish. Sixty percent of the bluegill successfully transformed E. chipolaensis glochidia into juvenile mussels while 80% of the redbreast sunfish were successful.

Mining And Social Movements: Struggles Over Livelihood And Rural Territorial Development In The Andes, Anthony Bebbington, Denise Humphreys Bebbington, Jeffrey Bury, Jeannet Lingan, Juan Pablo Muñoz, Martin Scurrah

Sustainability and Social Justice

Note: this full-text download is the accepted and/or submitted version of this work.

Social movements have been viewed as vehicles through which the concerns of poor and marginalized groups are given greater visibility within civil society, lauded for being the means to achieve local empowerment and citizen activism, and seen as essential in holding the state to account and constituting a grassroots mechanism for promoting democracy. However, within development studies little attention has been paid to understanding how social movements can affect trajectories of development and rural livelihood in given spaces, and how these effects are related to movements' internal …

Male Adolescents Of Divorce: The Relationship With Their Noncustodial Father, Christine L. Kerr

All-Inclusive List of Electronic Theses and Dissertations

Since the divorce rate in the United States began to rise dramatically in the 1970s, researchers have studied the impact of divorce on those involved. The research indicates that children whose parents divorce are more likely than children whose parents remain married to suffer from a lower level of well-being and are at greater risk for a myriad of ills including poorer school performance and increased behavior problems. While few researchers have focused on the impact of divorce on male adolescents specifically, studies of adolescent males in general indicate they are at risk for a variety of problems including poor …

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 …

Introduction: Wherefor The Privilege?, Kate Stith

Cardozo Law Review

No abstract provided.

Self-Incrimination In European Human Rights Law - A Pregnant Pragmatism?, Andrew Ashworth

Cardozo Law Review

No abstract provided.

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.

A Retrospective On Twenty Years Of The Design Theory And Methodology Conference, Jacquelyn K. Stroble, Robert L. Nagel, Kerry R. Poppa, Matt Robert Bohm, Robert B. Stone

Mechanical and Aerospace Engineering Faculty Research & Creative Works

Since its birth from the Design Automation Conference (DAC) and the Association for the Advancement of Artificial Intelligence (AAAI) twenty years ago, the Design Theory and Methodology (DTM) Conference has accepted 769 papers for presentation in a total of 179 tracks. Papers have covered advances in design theory and methods as well as design education, decision making, product development, collaborative endeavors, case studies, information processing, computational methods and industrial applications. through the years tracks have evolved to better define existing research topics and branched to spawn new areas of interest. This paper presents a retrospective of the past twenty years …

"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 …

Positive Perspectives: Student-Run Pr Firm Takes Off, Jo Ann Lloyd

Cal Poly Magazine

No abstract provided.

Real Simple Makes A Real Difference: Cal Poly Turns Ideas Into Action, Galen Ricard

Cal Poly Magazine

No abstract provided.

Cal Poly Magazine, Winter 2008

Cal Poly Magazine

No abstract provided.

Editorial Board

Cal Poly Magazine

No abstract provided.

University News

Cal Poly Magazine

No abstract provided.

The Toughest Accounting Major You Will Ever Meet: Chuck Liddell Does Numbers, Take-Downs And Lives The Slo Life, Scott Roark

Cal Poly Magazine

No abstract provided.

Output Measurement In Education, Andrew Dowling

Program monitoring and evaluation

Governments can no longer justify their performance in education in terms of inputs; that is, in terms of the amount of new money they have provided, or the number of new teachers they have employed, or the range of new computers they have installed. It has been observed that ‘today, educators need to show how they have transformed current and new dollars into student achievement results, or the argument that education needs more - or even the current level of - money will be unlikely to attract public or political support’. Output measures, particularly those related to student achievement, are …

The Ecological Importance Of Severe Wildfires: Some Like It Hot, Richard L. Hutto

Biological Sciences Faculty Publications

Many scientists and forest land managers concur that past fire suppression, grazing, and timber harvesting practices have created unnatural and unhealthy conditions in the dry, ponderosa pine forests of the western United States. Specifically, such forests are said to carry higher fuel loads and experience fires that are more severe than those that occurred historically. It remains unclear, however, how far these generalizations can be extrapolated in time and space, and how well they apply to the more mesic ponderosa pine systems and to other forest systems within the western United States. I use data on the pattern of distribution …

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.

Inspiring Agents Of Change Through Music And Dance: A Documentation Of My Facilitative Journey Through Five Countries With Dance4life, Tañia A. Plascencia

Creativity and Change Leadership Graduate Student Master's Projects

This master’s project is a documentation of my journey as a Dance4Life facilitator in five countries and a reflection of the insights and learnings I discovered from the experience. A history and background of the Dance4Life project is provided, along with current trends in the field of HIV/AIDS. My rationale, as well as personal inspiration and motivation for this work is also outlined. Specifically, I discuss my learnings as it pertains to managing group dynamics and working with groups across diverse cultures. In addition, I reflect on the knowledge gained about what it means to be a facilitative leader and …

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 …

The Defense Of Monopoly As A Determinant Of The Process Of Transformation Of State-Owned Infrastructure Sectors In Poland, Krystyna Bobińska

Yearbook of Antitrust and Regulatory Studies

This paper aims to prove that during the transformation process in Poland of the sectors of general economic interests due to specific economic characteristics of those sectors and the fact that interests of three groups participating in the decision making in this process: government, management and employees turned out being non controversial prevented loosing the monopoly status they initially enjoyed. The method used was the analysis of the stages of negotiation illustrated by subsequent documents of official strategies chosen for three sectors: railway, electricity and the final result illustrated by the structure of the market. Preventing the monopoly status permitted …

Computing For The Masses: Extending The Computer Science Curriculum With Information Technology Literacy, Jorge Pérez, Meg C. Murray

Faculty Articles

Enrollments in computer science programs continue to drop as demand for workers skilled in computing increases. Information technology scholars face the ironic challenge of attracting more students into computing disciplines in the age of ubiquitous computing. This paper chronicles a decision by a department of computer science and information systems to offer an information technology literacy course as a service to its institution. Educational and curricular justifications for the course progressed in parallel with recognition of the course's strategic value to the department in the face of sharp declines in the number of students majoring in CS or IS. Following …

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. …

Bizarre Love Triangle: The Spending Clause, Section 1983, And Medicaid Entitlements, Nicole Huberfeld

Law Faculty Scholarly Articles

The first two terms of the Roberts Court signal a willingness to revisit precedent, even decisions that have been considered long-settled, and the United States Supreme Court may be ready to reinterpret another area of jurisprudence: the private enforcement of conditions on federal spending against states through actions under 42 U.S.C. § 1983. The most recent pre-Roberts Court precedent is Gonzaga University v. Doe, a 2002 decision that made it more difficult for individuals harmed by violations of federal laws to enforce rights through § 1983 actions. Federal courts have inconsistently and confusingly applied the Gonzaga framework, but the …

Vaughan Williams On Music By David Manning (Review), Julian Onderdonk

Music Theory, History & Composition Faculty Publications & Performances

No abstract provided.

Nigerian Stock Market Reflection Of The Global Finance Crisis: An Evaluation, Sere- Ejembi A. A.

Bullion

With its roots in banking, the sub-prime mortgage crisis that commenced in the United States in 2007 soon resonated in other sectors of its financial system, and the economy, at large. It spread quickly to the developed economies in Europe, including the United Kingdom, and Asia. In the case of the Nigerian stock market, following initial relative insulation, the speed of contagion and response was comparatively slower. However, the effects began to manifest in the first quarter of 2008. The objective of this paper, therefore, is to review the global financial crisis, in the context of its recent effects on …