Digital Commons Network^™

The Confessional Penalty, Talia Fisher, Issachar Rosen-Zvi

Cardozo Law Review

No abstract provided.

Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff

Cardozo Law Review

The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …

Self-Incrimination And The Epistemology Of Testimony, Michael S. Pardo

Cardozo Law Review

The Supreme Court's limitation of the privilege against self-incrimination to evidence of a testimonial nature has been controversial. The doctrinal reliance on a distinction between physical and testimonial evidence has proven difficult to apply in practice, and it has been criticized as being descriptively inaccurate, analytically incoherent, and normatively indefensible. This article offers a defense of the distinction on epistemological grounds. The philosophical focus on testimony as a source of knowledge provides some insight into what makes testimony distinct as an epistemic source. These considerations are used to provide a coherent and principled way to distinguish what evidence to treat …

English Warnings, Mike Redmayne

Cardozo Law Review

No abstract provided.

The Consequences Of Compelled Self-Incrimination In Terrorism Investigations: A Comparison Of American Grand Juries And Canadian Investigative Hearings, Kent Roach

Cardozo Law Review

No abstract provided.

The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein

Cardozo Law Review

This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …

The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz

Cardozo Law Review

No abstract provided.

Originalism's Expiration Date, Adam M. Samaha

Cardozo Law Review

The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …

New Product Development (Npd) Process In Subsidiary: Information Perspectives, Firmanzah Firmanzah

Makara Human Behavior Studies in Asia

Information is an important resource for new product development (NPD) process in subsidiary. However, we still lack of research to analyze NPD process from information perspective in subsidiary context. This research is an exploratory research and it exploited 8 cases of NPD process in consumer goods subsidiaries operating in Indonesian market. Three types of information have been identified and analyzed NPD process; global, regional and local information. The result of this research reveals that new product will be resulted is determined by the type of information used. This research reveals four new product typology using information types. The semi-structured interview …

Improvements In Steel Melting Efficiency -- Industrial Trials, Kent D. Peaslee, Semen Naumovich Lekakh, Edith Martinez

Materials Science and Engineering Faculty Research & Creative Works

Industrial trials were completed to improve energy efficiency in steel melting. First, the benefits of increased chemical energy from an oxyfuel burner and a Co-Jet system in a basic 20 ton electric arc furnace (EAF) were studied. Observations and measurements were made during production before and after the installation of the two systems. The additional chemical energy improved energy efficiency and resulted in increased production. In addition, production using a basic EAF practice was compared to the traditional acid EAF practice. Second, an industrial trial using a 750 lb ladle with a combination of a lightweight alumina castable refractory and …

Investigation Of The Effective Use Of Warning Lights On Indiana Department Of Transportation (Indot) Vehicles And Equipment, Bob Mccullouch, Brandon Stevens

JTRP Technical Reports

This study was requested by INDOT to determine if current lighting packages used on INDOT maintenance vehicles, specifically snow plow vehicles, can be improved with other commercially available products. Different light products were obtained from various vendors, mounted on INDOT vehicles, and visual comparisons were performed under various lighting and weather conditions by a team of observers. The comparison evaluations were performed revealing that other light packages, LED models for most options, were brighter and certain colors more visible. The preferred light models are recommended. These recommendations were forwarded to appropriate individuals that make these decisions at INDOT. Implementation is …

Trade-Off Analysis Methodology For Asset Management, Qiang Bai, Samuel Labi, Zongzhi Li

JTRP Technical Reports

In an era that is characterized by funding limitations, increased stakeholder participation, and the need for increased accountability and transparency, transportation agencies seek to ensure that comprehensive evaluation processes are identified and used for decision-making. Consistent with such processes is the incorporation of multiple performance criteria from different program areas, optimization of decisions under constrained budgets, and investigation of trade-offs between program areas, performance measures, budgetary levels, risk levels, and performance thresholds. To help INDOT carry out these processes, this study developed theoretical constructs for scaling and amalgamation of the different performance measures, and for analyzing the different kinds of …

Safety And Operational Impacts Of Alternative Intersections, Andrew P. Tarko, Mike Inerowicz, Brandon Lang

JTRP Technical Reports

As the degradation of service at some conventional intersections increases, there becomes a need for alternative solutions other than expensive interchanges. Many alternative intersections have been proposed in the past. Under certain traffic and local conditions some solutions are more promising than other. In some cases, the conventional intersection may still be the optimal choice. The presented research focused on developing guidelines that would help planners and designers identify the most promising solutions for further analysis. This objective has been addresses in two ways. Firstly, the existing knowledge on alternative intersections has been identified. Secondly, the performance of conventional and …

Alternative Land Use Patterns To Minimize Congestion (Volume 1: Comparative Analysis Of Mixed Land Use And Separated Land Use Neighborhoods), Amica Bose, Jon D. Fricker

JTRP Technical Reports

Urban sprawl creates serious traffic congestion. Alternative land use patterns may be the best solution. New Urbanists claim that, by placing frequently-visited sites within walking distance of homes and creating a pleasant walking environment, people are more willing to choose non-motorized transportation mode to do such activities.

Part I of this study investigated the ability of travel demand models to estimate the impacts of alternative land use patterns. Part II conducted an economic viability analysis for a mixed land use neighborhood and collected land use preferences at meetings of neighborhood associations. The objective in Part III was to evaluate the …

Alternative Land Use Patterns To Minimize Congestion (Volume 3: Empirical Study Of Mixed Land Use Traditional Neighborhoods), Li Jin, Jon D. Fricker

JTRP Technical Reports

Urban sprawl creates serious traffic congestion. Alternative land use patterns may be the best solution. New Urbanists claim that, by placing frequently-visited sites within walking distance of homes and creating a pleasant walking environment, people are more willing to choose non-motorized transportation mode to do such activities.

Part I of this study investigated the ability of travel demand models to estimate the impacts of alternative land use patterns. Part II conducted an economic viability analysis for a mixed land use neighborhood and collected land use preferences at meetings of neighborhood associations. The objective in Part III was to evaluate the …

High-Performance Concrete Bridge Decks: A Fast-Track Implementation Study, Volume 1: Structural Behavior, Robert J. Frosch, Timothy S. Aldridge

JTRP Technical Reports

Transverse cracking of concrete bridge decks is problematic in numerous states. Cracking has been identified in the negative and positive moment regions of bridges and can appear shortly after opening the structure to live loads. To improve the service life of the bridge deck as well as decrease maintenance costs, changes to current construction practices in Indiana are being considered. A typical bridge deck was instrumented which incorporated the following: increased reinforcement amounts, decreasing reinforcement spacing, and high-performance, low-shrinkage concrete. The low shrinkage concrete was achieved using a ternary concrete mix. The objective of this research was to determine the …

Use Of Micropiles For Foundations Of Transportation Structures Final Report, Hoyoung Seo, Monica Prezzi

JTRP Technical Reports

In pile design, piles must be able to sustain axial loads from the superstructure without bearing capacity failure or structural damage. In addition, piles must not settle or deflect excessively in order for the serviceability of the superstructures to be maintained. In general, settlement controls the design of piles in most cases because, by the time a pile has failed in terms of bearing capacity, it is very likely that serviceability will have already been compromised. Therefore, realistic estimation of settlement for a given load is very important in design of axially loaded piles. This notwithstanding, pile design has relied …

Alternative Land Use Patterns To Minimize Congestion (Volume 2: Evaluating The Feasibility Of New Urbanism In An Existing Neighborhood), Huei Koh, Jon D. Fricker

JTRP Technical Reports

Urban sprawl creates serious traffic congestion. Alternative land use patterns may be the best solution. New Urbanists claim that, by placing frequently-visited sites within walking distance of homes and creating a pleasant walking environment, people are more willing to choose non-motorized transportation mode to do such activities.

Part I of this study investigated the ability of travel demand models to estimate the impacts of alternative land use patterns. Part II conducted an economic viability analysis for a mixed land use neighborhood and collected land use preferences at meetings of neighborhood associations. The objective in Part III was to evaluate the …

Methods Of Safety Improvements At Coordinated Signals, Wei Li, Andrew P. Tarko

JTRP Technical Reports

In this research, the safety impact of arterial signal coordination is investigated. Based on the findings, procedures are proposed to incorporate safety considerations into signal coordination design. In addition, a software tool is developed to facilitate the use of the research findings. Signal coordination has been extensively employed as a tool to optimize an arterial system’s mobility performance, commonly measured by the total number of vehicle stops and the time of delays. Although vehicle crashes at signalized intersections have long been recognized as a major safety threat, studies to date have been limited locally to non-coordinated signals or the noncoordinated …

It's Time To Face The Music: Singing The Praises Of Popular Music In Today's Curriculum, Shannon Flatt Dasher

College of Graduate Studies: Theses & Dissertations

This study explored the possibility of incorporating popular music into the curriculum in order to increase student motivation in a time of standardization. As a classroom teacher, I have witnessed students, time after time become uninterested in the present curriculum. I was curious to find out if by incorporating popular music into the lessons of teachers, students would be more apt to learn in school. Cultural inquiry was used as the main method to guide the collection and analysis of the information from the participants through a cultural studies theoretical framework.

Blinded By The White: Soul-Searching For The Pedagogical Possibilities Of Otherness In The White Hearts Of Parents Raising Children Of Color, Debra Clark Sukaratana

College of Graduate Studies: Theses & Dissertations

This study explores the possibilities for those who have been Otherized (minorities). I refer to possibilities in this study as the potential for minority children to prevail in the aspects of life that have been hindered by those who are white. My own personal whiteness is explored as a mother and an educator. Additional exploration in this study comes from the voices and experiences of those white parents who are raising children of color and how they are dealing with their own whiteness as it relates to the upbringing of their children. This study takes a glance at the educational …

Lessons From The Segregated Classroom: An Oral History Of The Experiences And Practices Of Three Retired African American Teachers, Saundra Melinda Mckoy

College of Graduate Studies: Theses & Dissertations

From the very beginning of this nation's history, race has played a major role in the educational opportunities awarded to minorities. And although it has been fifty years since schools were mandated by the U.S Supreme Court to desegregate, discussions about race and culture in the classroom continue to generate controversy and discomfort for many African Americans. In fact, issues of segregation, racism and racial inequality in both schools and society are constantly being raised and voiced within the African American community. Today, the nation is engaged in a great discussion about the differences in academic achievement between African American …

Strategies Used In Implementing The Multiple Eligibility Criteria Rule In Georgia Elementary Schools To Increase Representation Of Black American Students In Gifted Education, Emily Byas Felton

College of Graduate Studies: Theses & Dissertations

This study focused on the strategies used in implementing the multiple eligibility criteria rule in Georgia elementary schools to increase representation of Black American students in gifted education. The framework for this qualitative research project used a Critical Race Theory (CRT) lens while employing ethnographic study methods. The instruments for this study incorporated interviews, focus group discussion, and observations. The analysis of the research from this study found that multiple identification standards such as, motivation, creativity, class performance, love of learning, interest, as well as academics is beneficial when identifying Black American students. Data from this study suggested professional development …

Relationship Between High School Theatre Participation And The Development Of Workplace Competencies, Dean Charles Slusser

College of Graduate Studies: Theses & Dissertations

In an age of educational accountability, high school theatre sponsors often have to defend the presence of, and funding for, their programs. The purpose of this study was to identify the perceptions of Georgia Thespian Sponsors concerning (1) the importance of certain workplace competencies, (2) the presence of opportunities for students to acquire or develop those competencies through participation in theatre, (3) the relationship between these two factors, and (4) the role of perceptions concerning administrative support in the presence of opportunities to acquire or develop workplace skills through theatre participation. The researcher developed and distributed an original instrument addressing …

Examination Of The Influence Of Single Sex Instruction On Student Achievement And Behavior At Sixth Grade Level At Two Middle Schools, James Craig Outlaw

College of Graduate Studies: Theses & Dissertations

In 2002, the Bush administration inaugurated its signature educational program, No Child Left Behind which included a provision to relax the restrictions of Title IX regarding single sex instruction. Opponents responded by contending there was a lack of credible research on single sex instruction and the proposed modifications were based strictly on the desire to make available to public education the same instructional flexibility exercised by private schools. Supporters of single sex instruction assert that separating the sexes, during middle grades will reduce classroom disruptions allowing increased time on task. Supporters also hold that instructors will employ instructional strategies that …

Race And Gender In The Leadership Experiences Of Three Female African American High School Principals: A Multiple Case Study, Angela Mosley Smith

College of Graduate Studies: Theses & Dissertations

The purpose of this multiple case study was to describe how three female African American high school principals understand the influence of race and gender on their educational leadership experiences. The study focused on the professional background, barriers each informant encountered in her pursuit of a principalship, strategies utilized to facilitate attainment of a principalship, and leadership conceptualization. Through indepth interviews, rich narratives revealed how the duel oppressions of race and gender intersected the professional lives of the three principals involved in the study. The theoretical foundation for the study was black feminist thought as defined by Patricia Hill Collins. …

An Introduction To Agile Development The Outdoors Edge: Case Study, Christopher D. Thames Iv

Masters Theses & Doctoral Dissertations

This project contains a well rounded overview of Microsoft .NET agile development to solve the problem of unsuccessful software development projects. Not only do we look at what was wrong with the traditional plan-driven style of software development, but also how we can mitigate that with agile software development and agile project management methodologies. The main focus initially is to define what agile is and what the principle concepts that are the driving force behind it. Some of these concepts are about shaping the mentality of a developer so that a developer can be the most efficient and effective developer. …

Project Management Tool, Karteek Boyanapalli

Masters Theses & Doctoral Dissertations

In an organization there are many issues regarding project management. Managing the projects and the human resource is becoming difficult day by day. This 'Project Management Tool' is an attempt to solve those issues. It mainly helps project managers to monitor and control projects in an organization effectively. Using this tool superiors can assign projects, modules, tasks to their sub-ordinates and can monitor the status. They can also send E-Mails to their sub-ordinates using the E-Mail generation feature. This project also enables the employees to submit their day-to-day work. This project generates three different reports namely project reports which gives …

Project Tracking System For Research Laboratory, Sai Ram Chitturi

Masters Theses & Doctoral Dissertations

Dr.Varani's laboratory is part of Department of Pathology, Ann Arbor, Ml. Their research activities are funded by different organizations such as American Cancer Society. Dr.Varani's lab would like a system where they can track important aspects of their lab activities. This system should be designed to store information about the funding details they have to carry out each project, status of funding and measure progress, research outcomes by publications, and seminars where the ideas are presented. Lab member's professional information, such as their educational qualifications, previous experience and details about their publications are part of the database. This project in …

Development Of Regression Tree For Processing Satellite Images, Indrani Kommareddy

Masters Theses & Doctoral Dissertations

Satellite images are used more and more to analyze global tree and forest cover change. It is also extensively used in modeling the climatic change. These are becoming very important tools for the policy makers to discuss treaties and policies for global climatic change. Geographic Information System Center of Excellence (GIScCE) at South Dakota State University has become leader in development of such information (products). It extensive contracts with various world organizations is a testament to their work in this area. Hence it has become imperative that they would be able to analyze satellite images and provide the products in …