Digital Commons Network^™

A Survey Of Ethics In United States Remote Sensing Education, William A. Wetherholt

Theses and Dissertations

No abstract provided.

William H. Seward's American Exceptionalism In The Age Of The 'Irrepressible Conflict', John J. Wickre

Theses and Dissertations

No abstract provided.

A Historical Geography Investigation Of The Urban-Rural Fringe Of Grand Forks, North Dakota, Todd A. Fahrni

Theses and Dissertations

No abstract provided.

Measured Endurance Scores And Incidence Of Non-Contact Injuries Of Collegiate Women Soccer Players Over A Season, Kelsey Heinemann

Theses and Dissertations

No abstract provided.

Analytical Study To Predeict [Sic] Fracture Behavior Of A16061 Using Void Nucleation Method, Aniruddha Kulkarni

Theses and Dissertations

No abstract provided.

Assessing The Impact Of Public Policy On Academic Change : A Case Study Of The North Dakota Higher Education Roundtable, Valerie L. Johnson

Theses and Dissertations

No abstract provided.

Arctic Mixed-Phase Cloud Microphysical Properties Deduced From Arm Surface And Aircraft Measurements During M-Pace, Hongchun Jin

Theses and Dissertations

No abstract provided.

In Pursuit Of A Publishable Edition : Theories Of Authorship Applied To Elizabeth Barrett Browning's "Aeschylus' Soliloquy", Laura E. Hinschberger

Theses and Dissertations

No abstract provided.

"I Will Contend With Them That Contendeth With Thee": The Divine Warrior In Jacob's Speech Of 2 Nephi 6-10, Daniel Belnap

Faculty Publications

It is unclear from the text exactly where or when Jacob offered his magnificent discourse recorded in 2 Nephi 6–10, but while such details are missing, the discourse itself stands as one of the most powerful passages of scripture in the Book of Mormon. The purpose of the speech was to answer an ongoing concern of the Nephites. Since their departure from Jerusalem it appears that the Nephites had felt cut off and isolated from God’s promises because they lacked a permanent land of inheritance. By the time of Jacob’s speech, the Nephites had been driven from two lands of …

Church Growth In Tonga: Historical And Cultural Connections, Michael A. Goodman

Faculty Publications

Tēvita Muli Kinikini (1905–84) was a Tongan Latter-day Saint pioneer of great faith.1 His father, Taniela Kinikini, was a member of the Free Church of Tonga and also a man of mighty faith and spiritual gifts. Muli married Le‘o Tukui, whose father was a member of The Church of Jesus Christ of Latter- day Saints. Touched by the Spirit while listening to the mission- aries, Muli announced his intention to be baptized. In response, his parents threatened a double suicide, and his uncle, one of the nobles of his island, threatened to take away Muli’s land. Muli answered him: “Do …

Ict Perceptions And Meanings: Implications For Knowledge Transfer, Anne P. Massey, Taylor M. Wells

Faculty Publications

Driven by global competition and economic pressures, organizations are increasingly interested in transferring and leveraging local expertise at the global level. While many of the challenges of knowledge transfer (KT) have been discussed in the literature (e.g., incentives, cognitive limitations), the challenge of KT in distributed, or “virtual”, settings and the role of information and communication technologies (ICTs) have received limited attention. While any given ICT may be described in terms of one’s perceptual awareness of its capabilities (e.g., richness, interactivity), it may also be described relative to the meanings an individual attaches to it, i.e., the idea of it …

Effects Of Friendship In Transactions In An Emerging Market: Empirical Evidence From Brazil, Wesley Mendes-Da-Silva, Thaís Fernanda Salves De Brito, Rubens Famá, Jonathan T. Liljegren

Faculty Publications

This paper considers the inclusion of human behavioral aspects and implications of cognitive psychology and anthropology in decisions relating to the emerging field of behavioral finance. The formulated hypotheses were tested using 400 questionnaires, answered by students enrolled in MBA programs. The principal results suggest that individuals involved in transactions among friends or among strangers assume different behaviors—friends agree about the price attributed to an asset, while strangers show the propensity to bargain.

The Relationship Between Corportate Social Responsibility And Shareholder Value: An Empirical Test Of The Risk Management Hypothesis, Paul C. Godfrey, Craig B. Merrill, Jared M. Hansen

Faculty Publications

Do shareholders gain when managers disperse corporate resources through activities classified as corporate social responsibility (CSR)? Strategy scholars have recently developed a theoretical model that links such activities to shareholder value when a firm suffers a negative event; we test key portions of this theory of the ‘insurance-like’ property of CSR activity. We posit that such activity leads to positive attributions from stakeholders, who then temper their negative judgments and sanctions toward firms because of this goodwill. We extend the risk management model by theorizing that some types of CSR activities will be more likely to create goodwill and offer …

Mammalian Hazards At Small Airports In Indiana: Impact Of Perimeter Fencing, Travis L. Devault, Jacob E. Kubel, David J. Glista, Olin E. Rhodes Jr.

Human–Wildlife Interactions

Fences are used at many airports and small airfields to exclude wildlife from entering critical areas. However, not all fences exclude hazardous mammals reliably, and effective fences can be too expensive for small airports to purchase and maintain. In this study, we evaluated fencing at 10 small airports in Indiana and documented the presence and relative abundance of wildlife within airport boundaries using remote cameras and spotlight surveys. Only 4 airports were completely fenced, and four were Odocoileus virginianus) or coyotes (Canis latrans) at nine of the airports with remote cameras and during spotlight surveys. There were fewer …

Factors Affecting Road Mortality Of Whitetailed Deer In Eastern South Dakota, Troy W. Grovenburg, Jonathan A. Jenks, Robert W. Klaver, Kevin L. Monteith, Dwight H. Galster, Ron J. Shauer, Wilbert W. Morlock, Joshua A. Delger

Human–Wildlife Interactions

White-tailed deer (Odocoileus virginianus) mortalities (n = 4,433) caused by collisions with automobiles during 2003 were modeled in 35 counties in eastern South Dakota. Seventeen independent variables and 5 independent variable interactions were evaluated to explain deer mortalities.

Critical Thinking As Disciplinary Practice, Stephen C. Yanchar, Brent D. Slife, Russell Warne

Faculty Publications

Critical thinking in psychology has traditionally focused on method-centered tasks such as the assessment of method use, data analysis, and research evidence. Although helpful in some ways, this form of critical thinking fails to provide resources for critically examining the scientific-analytic foundation on which it rests and, when used exclusively, prohibits sufficiently critical analysis of theory and research. An alternative view of critical thinking—that emphasizes the identification and evaluation of implicit theoretical assumptions—is advocated. It is suggested that this alternative approach improves upon method-centered approaches by addressing not only implicit assumptions but also rule-following concerns. This approach is intended to …

Ceramic Variability And Cultural Diversity In The Northern San Juan Region, Janet Hagopian, James R. Allison

Faculty Publications

The Northern San Juan region during the Pueblo I period has been subdivided into eastern and western groups based on differences in site structure and organization. Ceramic assemblages from across the Northern San Juan region also vary significantly. This poster uses both stylistic and technological traits to examine ceramic variability between Animas- La Plata sites and contemporary sites from the surrounding Northern San Juan region. The ceramics suggest at least three regionalized traditions, implying a greater degree of cultural diversity than previously suspected.

Naipaul’S Children: Representations Of Humor And Ruin In Miguel Street, Aaron Eastley

Faculty Publications

The piece had originally appeared in the Demerara Daily Argosy in neighboring British Guiana, and was contributed by a writer who signed himself simply as "Clarence" ("Immigration"9). Under the subheading "UNJUST TO IMMIGRANTS" Clarence argues that abolishing the system of indentured labor, which brought a recorded 141,615 immigrant workers from India to Trinidad between 1845 and 1917 (Weller 151-3), would be "an act of veiled cruelty to the immigrants themselves" ("Immigration 9). He credits the system with keeping immigrants under skilled care and supervision until they ha[ve] learned how to live under the new conditions" of life in the West …

Effect Of Micronutrient Fortification On Nutritional And Other Properties Of Nixtamal Tortillas, K. E. Burton, Frost M. Steele, Laura K. Jefferies, Oscar A. Pike, Michael L. Dunn

Faculty Publications

Nixtamalization is the process of steeping dried corn in hot water with calcium hydroxide (lime) with subsequent removal of all or most of the pericarp through washing. The resulting product is called nixtamal. Approximately 60% of corn tortillas in Mexico are produced from nixtamal, with the remainder prepared from nixtamalized corn flour. Nixtamal was fortified with micronutrient premix containing iron, zinc, folic acid, niacin, riboflavin, and thiamin. Premix composition followed a proposed Mexican regulation for corn flour fortification, adjusted for moisture. Effects of premix on masa adhesiveness, hardness, and pH, as well as tortilla sensory properties, stretchability, rollability, and color …

Socially Rational Models For Autonomous Agents, Wynn C. Stirling, James K. Archibald, Matthew S. Nokleby

Faculty Publications

Autonomous multi-agent systems that are to coordinate must be designed according to models that accommodate such complex social behavior as compromise, negotiation, and altruism. In contrast to individually rational models, where each agent seeks to maximize its own welfare without regard for others, socially rational agents have interests beyond themselves. Such models require a new type of utility function a social utility to ensure three desirable properties: (a) conditional preferences agents may adjust their preferences to account for the preferences of others; (b) endogeny group preferences are determined internally by interactions between individual agents; (c) framing invariance reformulations of the …

The Supreme Court's Indian Problem, Matthew L. M. Fletcher

UC Law Journal

This Article asserts a new theory about why and how the Supreme Court accepts and decides its Indian law docket: the Court identifies an important constitutional concern embedded in a petition for certiorari, grants certiorari, and then applies its decision- making discretion to decide the "important" constitutional concern. Once that portion of the Indian law case is decided, the Court decides any remaining federal Indian law questions in order to reach a result consistent with its decision on the important constitutional concern. Indian law disputes are often mere vessels for the Court to tackle larger questions; often these questions have …

Unifying Disparate Treatment (Really), Martin J. Katz

UC Law Journal

At first glance disparate treatment law seems simple: an adverse employment action (such as a firing) is illegal where that action occurs "because of" a characteristic that is statutorily protected (such as race or sex). Despite this apparent simplicity, this Article points out that there are currently three distinct frameworks for proving disparate treatment. The difficulties are compounded by the fact that each framework places different burdens of proof on the plaintiff and defendant. So which framework applies in given situations? This Article first discusses the different frameworks and how they are applied, then proceeds to explain why the fragmented …

Still Waiting For The Dream: The Justice Of Punishing Undocumented Immigrant Students, Katie Annand

UC Law Journal

An estimated 50,000 to 65,000 undocumented immigrant students graduate from high schools in the United States each year. Yet, upon reaching graduation, undocumented immigrant students, who oftentimes grew up in the United States and consider this country their home, face significant obstacles: current federal laws effectively bar access to higher education for many of these students by imposing substantial financial barriers and by preventing these students from obtaining legal residency, foreclosing federal financial aid and many career options requiring work authorization.

Legislators have responded to student efforts to seek equal access to higher education by proposing the DREAM Act. This …

Facing Up To Wrongful Convictions: Broadly Defining "New" Evidence At The Actual Innocence Gateway, Jay Nelson

UC Law Journal

The Supreme Court has held that in order to pass through the actual innocence "gateway," capital habeas petitioners must support procedurally barred claims of actual innocence with "new reliable evidence" that was not presented at trial. The Court has not, however, defined what qualifies as "new" evidence. As a result, the circuit courts of appeals are split. Some circuits adopt what this Note refers to as the "newly-presented" evidence rule. These circuits permit habeas courts to evaluate all reliable evidence that was not presented to the finder of fact at trial. Other circuits adopt what this Note calls the "newly-discovered" …

Formalism: From Racial Integration To Same-Sex Marriage, Holning Lau

UC Law Journal

Parents Involved in Community Schools v. Seattle School District, No. i concerned racial integration in public schools; however, the case has a doctrinal impact that extends beyond the context of race, extending specifically to same-sex marriage. Ironically, the five Supreme Court Justices who formed a majority in the casefour of whom are commonly labeled social conservatives - bolstered the case for same-sex marriage. They did so by introducing a new exercise of formalism to equal protection analysis. Specifically, they created doctrine that supports the argument that same-sex marriage bans warrant heightened scrutiny because such bans discriminate on the basis of …

Documenting Gender, Dean Spade

UC Law Journal

This Article provides an analysis of gender reclassification policies- policies which determine when an administrative agency will change an individual's gender marker on its records-in three contexts: policies related to gender markers on identification documents, policies related to placement in sex-segregated facilities, and policies related to the state provision of health care that is prohibited based on the gender on record for the person seeking coverage. The Article looks at the significant variation in these policies across agencies to demonstrate the instability of gender as a category of identity verification and to ask whether the assumed usefulness of gender tracking …

Preventive Tax Policy: Chief Justice Roger J. Traynor's Tax Philosophy, Mirit Eyal-Cohen

UC Law Journal

Justice Roger J. Traynor is best known for his judicial innovations in the fields of conflict of laws, product liability, and civil procedure. However, few would trace Traynor's roots to the field of tax law. In the late 193os, Traynor and Stanley S. Surrey, one of our nation's foremost authorities on federal tax law, worked together to propose a substantial transformation of existing mechanisms for settling tax disputes. At what was a crucial time in the development of tax law, high marginal tax rates intensified the friction between taxpayers and the government, boosted litigation, and multiplied the number of tax …

Personal Jurisdiction In The Ninth Circuit, Peter Singleton

UC Law Journal

Personal jurisdiction is an area of unquestioned doctrinal significance. Personal jurisdiction is also of great practical importance to litigators, as well as to the trial court judges who need to apply personal jurisdiction doctrines to cases brought before them.

The Ninth Circuit has issued dozens of published personal jurisdiction opinions which have continuing precedential significance. This body of case law, while often well argued and well-reasoned, is at times confusing and even conflicting. This presents substantial problems for Ninth Circuit panels attempting to follow precedent, let alone for district courts who are attempting to apply the law, litigators attempting to …

Preserving Power Without Sacrificing Justice: Creating An Effective Reciprocity Regime For The Recognition And Enforcement Of Foreign Judgments, Vishali Singal

UC Law Journal

Globalization has transformed the world's legal systems into interconnected regimes. The strength of a nation's legal system is predicated, in part, on whether foreign nations will recognize and enforce its judgments. While nations have accorded respect to one another's judgments in the spirit of comity by recognizing and enforcing them, none are obligated to do so. Given these delicate relationships between nations, a debate has arisen in the United States' legal community as to whether the United States should require foreign nations to recognize and enforce its own judgments before its courts will reciprocate this treatment towards foreign judgments. In …

Anecdotal Forensics, Phrenology, And Other Abject Lessons From The History Of Science, David L. Faigman

UC Law Journal

Many of the forensic identification sciences-including, among others, latent fingerprints, firearms, handwriting, and bitemarks- have little or no scientific foundation underlying them. They are largely based on anecdotal experience and supposition. In this way, "anecdotal forensics" closely resemble other historical failures of science, such as phrenology. Like phrenology, anecdotal forensics are based on inductive experience, have not been subjected to systematic tests, conform to expectations, "prove" what is already presumed to be known, and seem to have great practical utility for society. A century from now, however, the anecdotally-based beliefs of forensic experts are likely to survive much as phrenology …