Digital Commons Network^™

In The Spirit Of Ubuntu: Enforcing The Rights Of Orphans And Vulnerable Children Affected By Hiv/Aids In South Africa, John Bessler

All Faculty Scholarship

This Article discusses the traditional African concept of ubuntu, which is frequently cited in South African jurisprudence, and analyzes South Africa's lack of compliance with the human rights of orphans and vulnerable children whose lives have been affected by HIV/AIDS. The Constitution of the Republic of South Africa explicitly protects children's rights and various socio-economic rights of concern to children, and the Constitutional Court of South Africa has held such rights to be justiciable. The constitutional rights of South African children affected by HIV/AIDS, however, have been continually violated. This Article discusses how the existence of these constitutional rights may …

An Interdisciplinary Approach To Family Law Jurisprudence: Application Of An Ecological And Therapeutic Perspective, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

A Vote Delayed Is A Vote Denied: A Proactive Approach To Eliminating Election Administration Legislation That Disenfranchises Unwanted Voters, Gilda R. Daniels

All Faculty Scholarship

In an effort to determine voter eligibility and access to the voting booth, our democratic system has allowed political forces, to develop laws that would meet their aims of either granting or denying access to the franchise. Caught in this web of regulations, practices and procedures is the "unwanted voter" - the disabled, elderly, poor, and minority voter. New millennium models of exclusion, such as overly restrictive identification requirements, unwarranted voter purges, restrictive voter registration rules, increasing costs for underlying documents to support citizenship and eligibility for voting, are creating a caste system in the electoral process. The practice of …

The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson

All Faculty Scholarship

The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family …

If You Can't Beat 'Em, Join 'Em: A Pragmatic Approach To Nonprecedential Opinions In The Federal Appellate Courts, Amy E. Sloan

All Faculty Scholarship

For many years, judges and academics have debated the pros and cons of non-precedential judicial opinions in the federal appellate courts. Although the utility, necessity, and advisability of non-precedential opinions remain interesting issues to debate, at this point they are somewhat beside the point. Academics have lost the debate on non-precedential opinions. Judges control whether non-precedential opinions are permissible, and judges are not going to give them up anytime soon.

So, as the saying goes, if you can't beat 'em, join 'em. Rather than continue to debate the merits of non-precedential opinions, the better course of action is to find …

From The Greedy To The Needy, Wendy G. Gerzog

All Faculty Scholarship

In some instances when the taxpayer makes a charitable donation, the loss of revenue to the government, and the corresponding gain to the taxpayer, far exceeds the benefit to the charity. Some of these losses may be generated by government sanctioned complex transactions and even government created devices. This article proposes a new way to examine "quid pro quo" charitable gifts that reflects the rationale for the charitable deduction.The article analyzes various charitable donations in terms of the dollars gained by the taxpayer, the dollars lost by the government, and the dollars received by the charity. After considering a sliding …

Seismic-Py: Reading Seismic Data With Python, Kurt Schwehr

Center for Coastal and Ocean Mapping

The field of seismic exploration of the Earth has changed dramatically over the last half a century. The Society of Exploration Geophysicists (SEG) has worked to create standards to store the vast amounts of seismic data in a way that will be portable across computer architectures. However, it has been impossible to predict the needs of the immense range of seismic data acquisition systems. As a result, vendors have had to bend the rules to accommodate the needs of new instruments and experiment types. For low level access to seismic data, there is need for a standard open source library …

The Chicago School's Foundation Is Flawed: Antitrust Protects Consumers, John B. Kirkwood, Robert H. Lande

All Faculty Scholarship

Chicago School antitrust policy rests on the premise that the purpose of the antitrust laws is to promote economic efficiency. That foundation is flawed. The fundamental goal of antitrust law is to protect consumers.

This essay defines the relevant economic concepts, summarizes the legislative histories, and analyzes recent case law. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that deprives them of the benefits of competition and transfers their wealth to firms with market power. When conduct presents a conflict between the welfare …

Market Power Without A Large Market Share: The Role Of Imperfect Information And Other “Consumer Protection” Market Failures, Robert H. Lande

All Faculty Scholarship

There are two very different sources of market power in antitrust cases. The first is traditional market share-based market power. Market power in antitrust cases also can come from deception, significantly imperfect or asymmetric information, or other types of market failures that usually are associated with consumer protection violations.

When these “consumer protection” market failures are present in antitrust cases, market power can arise even if no firm has a market share large enough for a finding of traditional market share based market power. However, instead of traditional end-use consumers being harmed, the direct victims are businesses.

The “consumer protection” …

Policy And Methods: Choices For Legislatures, James Maxeiner

All Faculty Scholarship

The legal methods through which one adopts and implements policy decisions profoundly affect the compatibility of policy implementation with democratic legitimacy and legal certainty of the rule of law. Indeed, the choice of legal methods can be as important as the formulation of the policy itself. While a good choice of methods will not heal a bad policy, it can help assure that a less-than-perfect choice of policy can be more forcefully realized than otherwise, it can also help improve the policy choices made and help protect democratic legitimacy and the rule of law. While deficiencies in legislation or in …

Travel And Recreation: Outlooks And Trends, Norma P. Nickerson

Institute for Tourism and Recreation Research Publications

Outlooks and Trends in 2009, a Review of 2008.

Identification Of Factors In Road Accidents Through In-Depth Accident Analysis, Mouyid B. Islam, Kunnawee Kanitpong

CUTR Faculty Journal Publications

The rising trend of motorization and improving socio-economic status of Thai people directly influences the aggravating road safety situation with fatalities and permanently disabled injuries of about 130,000 and 500,000 respectively over the past decades. An estimated annual cost from road crashes amounts to about US$2,500 million, 3.4 percent of Gross National Product (GNP), undoubtedly inflicts Thailand with a burning public health concern in the South East Asian region. This paper addresses an in-depth study through crash investigation and reconstruction which has not yet been practised in Thailand to identify the contributory factors in road crashes by the concerned authorities. …

Post-Traumatic Stress Disorder Following Stroke And Its Dispositional Risk Factors: A Cross-Cultural Study Between British And Chinese, Xu Wang

Other Faculty of Health Theses

Objectives: This thesis aimed to: 1) explore the subjective experiences of British and Chinese stroke patients, 2) investigate the trajectory of post-stroke PTSD and its relationship between alexithymia, health locus of control, and psychiatric co-morbidity, and 3) compare the differences between the British and Chinese samples in post-stroke PTSD, psychiatric co-morbidity and risk factors. Methods: Four focus group discussions in Britain and China were conducted for study 1. Study 2 was a prospective longitudinal design in which 90 British patients were recruited and assessed approximately 1.5 and 4 months after stroke using a battery of instruments. Study 3 was a …

Doing Policing : An Inquiry Into The Rhetorical And Argumentative Skills Of The Police, Nicholas John Lynn

Other Faculty of Science and Engineering Theses

This thesis examines the spoken and written discourse of uniformed British police officers. Utilising a rhetorical and discursive analysis, the study considers firstly how officers use their considerable powers of discretion to deal informally with crime and criminal incidents. Focusing on a form of discretion that the police refer to as cuffing, two specific discursive practices were identified as being used by police to informally resolve crime: these were the giving of suitable advice and the that's civil device. The second part of the study was concerned with the formal prosecution process and how officers construct prosecution case files. Specifically, …

Locomotor Patterns And Persistent Activity In Self-Organizing Neural Models, Thomas Henry Cooke

Other Faculty of Science and Engineering Theses

The thesis investigates principles of self-organization that may account for the observed structure and behaviour of neural networks that generate locomotor behaviour and complex spatiotemporal patterns such as spiral waves, metastable states and persistent activity. This relates to the general neuroscience problem of finding the correspondence between the structure of neural networks and their function. This question is both extremely important and difficult to answer because the structure of a neural network defines a specific type of neural dynamics which underpins some function of the neural system and also influences the structure and parameters of the network including connection strengths. …

Astral Projection: Theories Of Metaphor, Philosophies Of Science, And The Art Of Scientific Visualization, Donna J . Cox

Other Faculty of Science and Engineering Theses

This thesis provides an intellectual context for my work in computational scientific visualization for large-scale public outreach in venues such as digitaldome planetarium shows and high-definition public television documentaries. In my associated practicum, a DVD that provides video excerpts, 1 focus especially on work I have created with my Advanced Visualization Laboratory team at the National Center for Supercomputing Applications (Champaign, Illinois) from 2002-2007. 1 make three main contributions to knowledge within the field of computational scientific visualization. Firstly, I share the unique process 1 have pioneered for collaboratively producing and exhibiting this data-driven art when aimed at popular science …

Investigation Into The Use Of Graphics Calculators By Mathematics Teachers, Sukrat Honey

Other Faculty of Science and Engineering Theses

This thesis reports on the findings of four inter-related studies : a pilot study with three Post-graduate student-teachers, a longitudinal case study of a novice teacher, a cross sectional study of novice teachers and experienced teachers, and a study of a mathematics department just beginning to use graphics calculators. Four research tools were used in the main part of this research a: questionnaire lesson observations, interviews and log books. The questionnaire was designed to elicit participants' responses about their beliefs and attitudes about graphics calculators. The data from the questionnaires were triangulated with data collected from lesson observations and interviews. …

Biodiversity And Ecosystem Processes In The Strandline: The Role Of Species Identity, Diversity, Interactions And Body Size, Sally Jane Marsh

Other Faculty of Science and Engineering Theses

In the current climate of biodiversity loss how species diversity and ecosystem process are linked is, arguably, one of the most pressing issues and greatest challenges currently facing the scientific community. Previous studies suggest that there is no universal trajectory for the relationship between diversity and ecosystem processes, the pattern depends largely on species identity and their interactions. Furthermore, the effect of reduced diversity on ecosystem process in multi-trophic assemblages is both understudied and poorly understood. Consequently, the overall aim of the present study was to investigate the role of species identity, diversity and interactions in determining ecosystem processes using …

Measuring And Modelling Of Cross-Shore Sediment Transport And Profile Evolution On Natural Beaches, Jonathan Tinker

Other Faculty of Science and Engineering Theses

Cross-shore sediment transport is the dominant process causing beach profile evolution. The ability to model cross-shore sediment transport allows prediction of the future beach state be made. Due to a balance between opposing mechanisms, cross-shore sediment transport is difficult to predict. One route to make these predictions is with the development of measurement based parameterisation. This study builds on previousp arameterisationtsh at have relatedc ross-shorev elocity moment (predictorso f suspendeds edimentt ransporta ccordingt o the energeticsa pproacht o sediment transport)t o normalisedd epth( a proxy of cross-shorep osition),t o presenta new shapef unction parameterisationT. he presentp arameterisatiohna s beend evelopedf …

Mathematical Modelling Of Shoreline Evolution Under Climate Change, Anna Zacharioudaki

Other Faculty of Science and Engineering Theses

This study focuses on the impact of potential changes in the wind-wave climate on shoreline change. The `one-line' model for medium to long-term prediction of coastline evolution is employed. New analytical and numerical solutions of this important model are described. Specifically: 1) original semi-analytical solutions are derived that relax the unrealistic assumption of existing analytical work that a constant wave condition drives shoreline change and, 2) a more general form of the one-line model is solved with a novel application of the `Method of Lines'. Model input consists of 30-year nearshore wave climate scenarios, corresponding to the `present' (1961-1990) and …

Mathematical Modelling Of Hepatopancreatic Digestive Cell Of The Blue Mussel, Allan Mcveigh

Other Faculty of Science and Engineering Theses

The lysosomal system of the hepatopancreatic digestive cell of the mussel (Mytilus sp.) is critical in intracellular food degradation, toxic responses and internal cellular turnover. Mathematical and numerical models are developed to simulate the responses of this system to varying conditions, dietary and toxicological. The model evolution encompasses: inclusion of glycogen/lipid storage forms; extrapolation to include nitrogen metabolism; development of rate of endocytosis and food signal; increased functionality of endo/lysosomes; shift to protein/carbohydrate/lipid based model; and the incorporation of the cost of normal Sanction and replacement of damaged components. Control is asserted through control of cytosolic concentrations: the intial assumption …

Predation By Crabs On Rocky Shores In North-East Atlantic, Ana Catarina Ferreira Da Silva

Other Faculty of Science and Engineering Theses

Highly mobile predators are known to have an important influence on shallow-water habitats. There is, however, little information about the role of crabs on the ecology of rocky shores. Here I examine the extent and consequences of predation by crabs on shores in the North-East Atlantic. The specific aims of this thesis are to: investigate spatial variation in use of the intertidal by crabs along a horizontal gradient of exposure to wave action and a vertical gradient of tidal elevation; assess their use of the intertidal as a feeding area by examining stomach content composition; examine the extent of connectivity …

Victims And Villains: Subject Positioning In Discursive Reconstructions Of Sexual Harassment, Sarah Jane Clarke

Other Faculty of Science and Engineering Theses

This thesis is a feminist informed, discursive research project. Three studies are presented, each designed to explore reconstructions of sexual harassment incidents. The first and second studies were based upon a corpus of interview data, generated specifically for the research project. The author interviewed six women and encouraged detailed discussion about sexual harassment. The third study was conducted utilising media data. The data includes an initial allegation and description of an incident of sexual harassment, in the form of a magazine article, and a collection of published responses written by journalists, academics and members of the public. The data were …

Computational And Psycho-Physiological Investigations Of Musical Emotions, Eduardo Coutinho

Other Faculty of Science and Engineering Theses

The ability of music to stir human emotions is a well known fact (Gabrielsson & Lindstrom. 2001). However, the manner in which music contributes to those experiences remains obscured. One of the main reasons is the large number of syndromes that characterise emotional experiences. Another is their subjective nature: musical emotions can be affected by memories, individual preferences and attitudes, among other factors (Scherer & Zentner, 2001). But can the same music induce similar affective experiences in all listeners, somehow independently of acculturation or personal bias? A considerable corpus of literature has consistently reported that listeners agree rather strongly about …

Biomediation Of Turbulence And Suspended Sediment Characteristics In Marsh Surface Flows - The Influence Of Spartina Anglica, George W. Graham

Other Faculty of Science and Engineering Theses

Laboratory experimentation in a large aimular flume (radius 3 m, channel width and water depth 0.4 m) has been conducted using a geometrically and dynamically similar Spariina anglica mimic (canopy height 0.21 m, stem density 1000 stems m~^) to investigate the influence of submerged Spartina on hydrodynamics under unidirectional currents {Uh = 0.2 m s~*) and the impact upon the dynamics of suspended cohesive sediments near the bed within the canopy. The vertical distribution of canopy biomass strongly influences vertical profiles of time-averaged velocity and turbulent quantities. An inflected velocity profile is observed in the region 0.79 < z/h < 0.9 which generates shear, T K E and Reynolds Stress peaks within vicinity of the canopy top. In this region T K E peaks at 15 times the levels observed in un-vegetated experiments. Flows at the canopy top are strongly intermittent with extremely efficient downward momentum transfer, uf] and ufz (stream-wise and vertical zero-mean fluctuating velocity) skewness are 0.5 and -0.5 indicating the presence of intermittent downward penetrating gusts. Near the bed (0 < z/h < 0.3) mean flow velocities are reduced by 88 - 90% in comparison to un-vegetated flows but turbulence intensities are strongly augmented by wake shedding from vegetative elements. TKE in this region is approximately equal to that in un-vegetated flows. Novel field observations in a low energ>', estuarine fringing …

Relative Quantitation Of Peptides By Inductively Coupled Plasma Mass Spectrometry, Pritesh Patel

Other Faculty of Science and Engineering Theses

Currently, the detection/quantitation of biomolecules using Inductively Coupled Plasma Mass Spectrometry (ICR-MS) is focused on heteroatom containing (e.g. S. P, Se, Cu) compounds. This limits the scope of ICP-MS as a routine analytical tool in the bioanalytical sciences. To increase this scope novel strategies to incorporate elemental labels have been developed. Chemical derivatisation is one such strategy. Cyclic diethylenetriaminepentaacetic acid anhydride (cDTPA), a bifunctional chelating agent (BFCA), is reacted with N-terminal amines and is subsequently chelated with trivalent metals. This allows the detection of peptides that contained no heteroatom using liquid chromatography (LC)-ICP-MS. The derivatisation efficiency, optimised using LC-UV/vis detection, …

Biogeochemical Controls On The Corrosion And Fate Of Depleted Uranium, Stephanie Handley-Sidhu

Other Faculty of Science and Engineering Theses

Depleted uranium (DU) is a by-product of the nuclear fuel industry and is used in antitank penetrators due to its high density, self-sharpening and pyrophoric properties. Military activities have left a legacy of DU waste in terrestrial and marine environments and presently there are no clean up procedures in place. In order to understand the fate of this DU, long term (500 days) microcosm experiments simulating key environments have been carried out for the first time to investigate the mechanisms and rates of DU corrosion as a function of the biogeochemical and environmental conditions. The corrosion of DU was investigated …

Trace Metal Chemical Speciation And Acute Toxicity To Pacific Oyster Larvae, Cathryn Money

Other Faculty of Science and Engineering Theses

Controlled laboratory studies showed that the toxicity induced by biologically relevant trace metal species of Cu, Cd, Pb and Zn on embryo-larval development occurred at concentrations in excess of those found in the natural environinent, except for Cu in metal perturbed areas. Average free ion concentrations inducing 50% abnormal development( EC50feew) ere determineda s 0.23 nM CU2+8, 8.0 rim Cd2+,1 28 nM Zn2+a nd 3 62 nM Pb 2+ . However, the response to some binary metal combinations indicated enhanced (synergy) toxicity at concentrations relevant for estuarine waters (e. g. EC5of'. for Cu2+i n the presenceo f C(ý: +, Zn2+a …

The Resistance Of An Established Profession Towards An Emergent Occupation, Richard William Goslin

Other Faculty of Arts, Humanities and Business Theses

This study examines the relationship between orthopaedic and podiatric surgeons which has formed since the NHS reforms of the 1990s facilitated the establishment of podiatric surgery as a mainstream health-care service. Relations between these two disciplines are considered against the traditional background of dominance of health-care by the medical profession. The study seeks to understand the resistance shown towards podiatric surgery by orthopaedic surgeons and to determine if there is a willingness among orthopaedic and podiatric surgeons, respectively, to develop a more satisfactory working relationship. Two methods of data collection were employed to gather information on the views of orthopaedic …

Stewards Of The Earth? : A Study Of Teenagers' Pro-Environmental Attitudes And Lifestyles In Devon, Uk And Malaga, Spain, Jennie Winter

Other Faculty of Arts, Humanities and Business Theses

Individual responses to sustainability are recognised as fundamental to progressing the sustainable development agenda. In order to raise awareness and support for sustainability, concerted programmes of Education for Sustainable Development (ESD) have been promoted and ESD is now a core element of educational curricula in many countries, particularly in the developed world. One group of particular interest to educators and policy makers is teenagers. Their engagement with sustainability issues, both in rhetorical and participatory terms, is considered essential to both the short and long term infusion of sustainability into public consciousness. However, despite continuing endeavours to involve teenagers in the …