Digital Commons Network^™

The Legal Implications Of Establishing A Pilot Cooperative Sector In The Fluke Fishery Of Rhode Island, Kathleen M. Haber

Sea Grant Law Fellow Publications

No abstract provided.

Court Grants Stay Of Injunction In Navy Sonar Case, Alicia Schaffner

Sea Grant Law Fellow Publications

No abstract provided.

Gun Control And America's Cities: Public Policy And Politics, Carl Bogus

Law Faculty Scholarship

No abstract provided.

Introduction: Genuine Tort Reform, Carl Bogus

Law Faculty Scholarship

No abstract provided.

Roger Williams University School Of Law Mediation Clinic, Bristol, Rhode Island, Usa, Gail I. Winson

Law Faculty Scholarship

No abstract provided.

Optimal In-Situ Bioremediation System Design Using Simulated Annealing, H. J. Shieh, Richard C. Peralta

Civil and Environmental Engineering Faculty Publications

The presented procedure combines continuous simulated annealing (CSA) heuristic optimization with BIOPLUME II simulation for optimizing in-situ bioremediation system design. The design goal is to minimize the total cost of facility installation and operation needed to achieve contaminant plume containment and cleanup. System design elements include pumping rates and well locations. During optimization, pumping rates are treated as continuous variables, differing from previously reported simulated annealing combinatorial optimization for groundwater management. To improve computation efficiency, CSA annealing schedules employing four different temperature update functions (TUF) are contrasted. Each yields somewhat different optimal designs and requires different computation effort. An adaptive …

Dissolution Of Aerosol Iron In Sea Water Using Flow-Injection With Chemiluminescence Detection, Marie Josiane Mireille Seguret

School of Geography, Earth and Environmental Sciences Theses

Iron is an essential micronutrient for the metabolism of marine organisms and impacts on primary productivity and hence indirectly on climate change. The dominant source of iron to the sea surface in open ocean regions is from the atmosphere by aeolian dust transport but the solubility of iron from dust is poorly constrained. In this thesis, chemical and physical factors impacting on the process of dust dissolution and iron release in seawater were investigated using FI-CL detection. A manual FI manifold was automated and optimised for the determination of iron, at nanomolar concentrations, released from aerosols in seawater. The limit …

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

The Organic Law Of A Great Commonwealth: The Framing Of The South Dakota Constitution, Jon Lauck

South Dakota Law Review

No abstract provided.

Foundations In Wisconsin: A Directory [27th Ed. 2008], Marquette University, Mary Frenn, Melanie Baier, Jeremy Blackwood, Joseph Flipper, Sarah Martin, Katie Morrison

Foundations in Wisconsin: A Directory

The 2008 release of Foundations in Wisconsin marks the 27th edition of the print directory and the 8th year of the online version (www.wifoundations.org). The directory is designed as a research tool for grantseekers interested in locating information on private, corporate, and community foundations registered in Wisconsin. Each entry in this new edition has been updated or reviewed to provide the most current information available. Most of the data was drawn from IRS 990-PF tax returns filed by the foundations. However, additional information was obtained from surveys, foundation Web sites, annual reports, and newsletters.

Wisconsin foundations have shown continued growth …

Fitness, Motor Competence And Body Composition As Correlates Of Adolescent Neck/Shoulder Pain: An Exploratory Cross-Sectional Study, Mark Perry, Leon Straker, Peter O'Sullivan, Anne Smith, Beth P. Hands

Health Sciences Papers and Journal Articles

Background: Adolescent neck/shoulder pain (NSP) is a common and sometimes debilitating problem. Several risk factors for this condition have been investigated, but no studies have previously evaluated associations between fitness, motor competence, body composition and adolescent NSP.

Methods: 1608 males and females of mean age 14 years answered questions on their history of NSP (4 measures), and were tested for aerobic fitness, upper and lower limb power, trunk endurance, grip strength, shoulder flexibility, motor competence and anthropometric factors. Univariate and multivariate logistic regressions were used to test for associations between NSP and physical variables.

Results: There were significant gender differences …

The Relationship Between Physical Activity, Motor Competence And Health-Related Fitness In 14-Year-Old Adolescents, Beth P. Hands, Dawne Larkin, Helen Parker, Leon Straker, Mark Perry

Health Sciences Papers and Journal Articles

Physical activity, physical fitness, and motor competence are important health-related constructs. However, the relationship between them, particularly among children and adolescents, is still unclear. In this study, motor competence (measured by the McCarron Assessment of Neuromuscular Development), pedometer-determined physical activity and physical fitness (aerobic fitness, muscle strength, muscle endurance, flexibility and body composition) were examined in a cohort of 1585 adolescents (771 girls, 814 boys) of mean age 14.1 yrs. Significant gender differences were observed for all measures except motor competence. Apart from hip and shoulder flexibility, males outperformed females. For both males and females, motor competence was associated with …

Chronic Non-Specific Low Back Pain – Sub-Groups Or A Single Mechanism?, Benedict M. Wand, Neil E. O'Connell

Health Sciences Papers and Journal Articles

Low back pain is a substantial health problem and has subsequently attracted a considerable amount of research. Clinical trials evaluating the efficacy of a variety of interventions for chronic non-specific low back pain indicate limited effectiveness for most commonly applied interventions and approaches.

Many clinicians challenge the results of clinical trials as they feel that this lack of effectiveness is at odds with their clinical experience of managing patients with back pain. A common explanation for this discrepancy is the perceived heterogeneity of patients with chronic non-specific low back pain. It is felt that the effects of treatment may be …

"Goin' 'Round In Circles" ... And Letting The Bad Loans Win: When Subprime Lending Fails Borrowers: The Need For Uniform Broker Regulation, Cassandra Jones Havard

All Faculty Scholarship

This Article provides a framework for regulating mortgage brokers. After introductory comments about the prevalence of this industry and its functional importance in today's consumer mortgage finance market, the article briefly explores the underlying structural framework of the mortgage broker industry. Explaining the market in which mortgage brokers make sub-prime loans as a largely unregulated one, it examines the economics of the mortgage loan transaction from the perspective of the borrower and concludes that lenders are comfortable with the reckless nature of sub-prime home lending. Next, the article examines the dual banking system and its attendant concern of federalism. It …

Frozen In Time: The State Action Doctrine's Application To Amateur Sports, Dionne L. Koller

All Faculty Scholarship

The state action doctrine has as its central goal the preservation of liberty by limiting the intrusion of the government into the "private" sphere. It achieves this by applying the Constitution only to government, and not private, action. Traditionally, amateur sports regulators such as the National Collegiate Athletic Association (NCAA) and the United States Olympic Committee (USOC) have been viewed by courts as private. As a result, this article explains that courts generally give great deference to amateur sports organizations such as the NCAA and USOC to regulate sports with little judicial interference, including in the area of constitutional litigation. …

How The United States Government Sacrifices Athletes' Constitutional Rights In The Pursuit Of National Prestige, Dionne L. Koller

All Faculty Scholarship

This Article is about the United States Government trading off athletes' constitutional rights in the pursuit of national prestige through sport. The Olympic Movement has for decades provided an incentive for governments of all ideologies to use elite athletes to enhance national prestige or demonstrate national supremacy. This phenomenon is commonly known as "sportive nationalism." Unlike countries such as the former East Germany and Soviet Union, the United States Government has not readily acknowledged its own practice of sportive nationalism, preferring instead to assert that Olympic Movement sport in the United States is a private endeavor. This Article, however, demonstrates …

Eocene To Oligocene Provenance And Drainage In Extensional Basins Of Southwest Montana And East-Central Idaho: Evidence From Detrital Zircon Populations In The Renova Formation And Equivalent Strata, C. N. Stroup, P. K. Link, Susanne U. Janecke, C. M. Fanning, G. M. Yaxley, L. P. Beranek

Geosciences Faculty Publications

Middle Eocene to Early Miocene sedimentary rocks in southwest Montana and east-central Idaho were deposited within an actively extending north-trending rift system (Cabbage Patch beds and Medicine Lodge beds) and a broad depositional basin on the eastern flank of this rift (Renova Formation). Distinct sediment sources for sandstones from different parts of this extensional system are identified using detrital zircon SHRIMP geochronology and LA-MC-ICPMS Hf isotope geochemistry. Sedimentary petrology independently shows strong compositional similarities among sandstones grouped by provenance. The Muddy-Grasshopper detachment system was the eastern boundary of the Paleogene rift and controlled sediment dispersal patterns. Hf isotope ratios and …

Patents, Taxes And The Nuclear Option: Do We Need A “Tax Strategy Patent” Ban?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

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. …