Digital Commons Network^™

Opinion Testimony: Lay, Expert, Or Something Else?, H. Patrick Furman

Publications

This article discusses opinion testimony of lay witnesses and expert witnesses. It provides an overview of lay opinion testimony and discusses the dividing line between lay and opinion testimony.

Garbage Pails And Puppy Dog Tails: Is That What Katz Is Made Of?, Aya Gruber

Publications

This Article takes the opportunity of the fortieth anniversary of Katz v. U.S. to assess whether the revolutionary case's potential to provide broad and flexible privacy protection to individuals has been realized. Answering this question in a circumspect way, the Article pinpoints the language in Katz that was its eventual undoing and demonstrates how the Katz test has been plagued by two principle problems that have often rendered it more harmful to than protective of privacy. The manipulation problem describes the tendency of conservative courts to define reasonable expectations of privacy as lower than the expectations society actually entertains. The …

Real Property And Peoplehood, Kristen A. Carpenter

Publications

This Article proposes a theory of real property and peoplehood in which lands essential to the identity and survival of collective groups are entitled to heightened legal protection. Although many Americans are sympathetic to American Indian tribes and their quest for cultural survival, we remain unable to confront the uncomfortable truth that the very thing Indian peoples need is their land, the same land that the U.S. took from them. This is especially the case with regard to the sacred sites of Indian peoples, whose religions and cultures are inextricably linked to those sites. Federal law permits the United States …

Authentic Happiness, Self-Knowledge And Legal Policy, Peter H. Huang

Publications

This Article analyzes three questions: can, how, and should legal policy help people in their individual quests for authentic happiness. This Article adopts psychologist Martin Seligman's definition of the phrase authentic happiness. This Article provides an introduction to examples of legal policies based upon empirical and experimental research in positive psychology, measures of subjective well-being, and quality of life studies.

Emotional Adaptation And Lawsuit Settlements, Peter H. Huang

Publications

In Hedonic Adaptation and the Settlement of Civil Lawsuits, Professors John Bronsteen, Christopher Buccafusco, and Jonathan Masur note an unexplored aspect of protracted lawsuits: During prolonged litigation tort victims can adapt emotionally to even permanent injuries, and therefore are more likely to settle--and for less--than if their lawsuits proceeded faster. This Response demonstrates that this is a facile application of hedonic adaptation with the following three points. First, people care about more than happiness: Tort victims may sue to seek justice or revenge; emotions in tort litigation can be cultural evaluations; and people are often motivated by identity and …

Delivering User-Centric Services At The Colorado Supreme Court Library, Robert M. Linz

Publications

No abstract provided.

American Indians, Climate Change, And Ethics For A Warming World, Sarah Krakoff

Publications

Developing a sense of ourselves that would properly balance history and nature and space and time is a more difficult task than we would suspect and involves a radical reevaluation of the way we look at the world around us. Do we continue to exploit the earth or do we preserve it and preserve life? Whether we are prepared to embark on a painful intellectual journey to discover the parameters of reconciling history and nature is the question of this generation.

The Measure Of Government Speech: Identifying Expression's Source, Helen Norton

Publications

States and other governmental bodies increasingly invoke the government speech defense to First Amendment challenges by private parties who seek to alter or join what the government contends is its own expression. These disputes involve competing claims to the same speech: a private party maintains that a certain means of expression reflects (or should be allowed to reflect) her own views, while a public entity claims that same speech as its own, along with the ability to control its content.

In suggesting a framework for approaching these problems, this Article starts by examining the theoretical and practical justifications for insulating …

The Chains Of The Constitution And Legal Process In The Library: A Post-Usa Patriot Reauthorization Act Assessment, Susan Nevelow Mart

Publications

Since the Patriot Act was passed in 2001, controversy has raged over nearly every provision. The controversy has been particularly intense over provisions that affect the patrons of libraries. This article follows those Patriot Act provisions that affect libraries, and reviews how they have been interpreted, how the Patriot Reauthorization Acts have changed them, and what government audits and court affidavits reveal about the use and misuse of the Patriot Act. The efforts of librarians and others opposed to the Patriot Act have had an effect, both legislatively and judicially, in changing and challenging the Patriot Act. Because libraries are …

Spectrum Policy Reform And The Next Frontier Of Property Rights, Philip J. Weiser, Dale N. Hatfield

Publications

The scarcity of wireless spectrum reflects a costly failure of regulation. In practice, large swaths of spectrum are vastly underused or used for low value activities, but the regulatory system prevents innovative users from gaining access to such spectrum through marketplace transactions. In calling for the propertyzing of swaths of spectrum as a replacement for the current command-and-control system, many scholars have wrongfully assumed the simplicity of how such a regime would work in practice. In short, many scholars suggest that spectrum property rights can easily borrow key principles from trespass law, reasoning that since property rights work well for …

Assessment Of Human Muscle Fatigue From Surface Emg Signals Recorded During Isometric Voluntary Contractions By Using A Cosine Modulated Filter Bank, Cristhian Mauricio Potes

Open Access Theses & Dissertations

Human muscle fatigue involves both a decrease in the frequency and increase in the amplitude of a surface electromyographic (EMG) signal. Muscle fatigue is also related to a decrease of the force impeding to reach the same initial level of the maximum voluntary contraction (MVC). To determine muscle fatigue indices, a method is proposed by decomposing a surface EMG signal into 32-subbands. This decomposition was attained by using a cosine modulated filter bank. The

surface EMG signals analyzed during this research were recorded during isometric voluntary contractions. Both the instantaneous mean frequency (IMF) and the instantaneous amplitude (IA) are estimated …

Gender Stereotypes In Spanish Language Television Programming For Children In The United States, Carlo Andre Romo

Open Access Theses & Dissertations

Children's television programming falling within the traditional Saturday morning time slot for four continuous Saturdays on five Spanish language networks in a southwest border city in the United States constituted the sample for this study. Each of the programs in the study was broken down and analyzed for character demographics, character behaviors and consequences received for those behaviors. Eight categories of behavior were scored, including four traditionally male behaviors (aggression, autonomy, construction, dominance) and four traditionally female behaviors (deference, dependence, harm avoidance, nurturing). The analysis of demographic data revealed male characters clearly outnumbered female characters and female characters were significantly …

Zinc Telluride Deposition Using Close Space Sublimation, Luis Carlos Romo

Open Access Theses & Dissertations

This thesis presents the optimization process of the close space sublimation (CSS) technique to deposit zinc telluride (ZnTe) on thin-film cadmium telluride (CdTe) solar cells. Previous research has demonstrated that creating a heavily doped ZnTe intermediate layer between the absorber-CdTe and the back contacts produces low-resistive CdTe contacts that overcome the Schottky barrier created at the interface of a metal and a semiconductor [11]. ZnTe interlayer forms a tunnel barrier at the contact interface so the positive charges created at the p-CdTe/n-cadmium sulfide (CdS) junction can be easily collected at the back contact maximizing the current collection process. However, ZnTe …

Theory Of Planned Behavior Constructs As Mediators Of Behavior Change Associated With A Brief Alcohol Intervention, Denise Servo

Open Access Theses & Dissertations

This study examined the Theory of Planned Behavior constructs (attitudes, subjective norms, perceived behavioral control [PBC], and behavioral intentions) as mediators of changes in alcohol consumption and alcohol-related problems in a longitudinal sample of 206 college students. The Brief Alcohol Screening and Intervention for College Students (BASICS) is a program designed to curb risky alcohol consumption and its related consequences among college students. Eligible students completed a baseline assessment battery at assessment and again six months after participating in BASICS. The AUDIT (Alcohol Use Disorders Identification Test) assessed alcohol consumption and the RAPI (Rutgers Alcohol Problem Inventory) assessed alcohol-related problems. …

The Tower Clock 2008, Tower Clock

Tower Clock Yearbooks

No abstract provided.

Cultural Identity, Communication, And Cultural Reentry: Experiences Of American Students, Yuliya Kartoshkina

Theses and Dissertations

In 2003 the National Education Association annual survey revealed that male teachers currently make up 35% of America's kindergarten through 12 th grade classroom teaching cadre. In grades kindergarten through sixth grade, men comprise 9% of the classroom teachers, and only 2% of classroom teachers inkindergarten through third grade are men. In 1994 Sadker and Sadker published Failing at Fairness, which examined gender biases in American kindergarten through 12th grade classrooms, including the effects of the overwhelmingly-female faculties. At the National Education Association's 2002 Representative Assembly, members adopted a measure to "identify, recognize, recruit and retain," more male teachers, …

Critical Factors For Training In Rural Psychology, Christine M. Boulton-Olson

Theses and Dissertations

Students in graduate level psychology training who intend to work in rural settings must be familiar with and educated in how rural life and identity impacts clients. Currently, there are few doctoral training programs in psychology that offer courses specifically tailored to rural populations despite the fact many psychologists are employed, or work with people, in rural settings. As such, there is a need to understand how to best prepare students in doctoral training in psychology for competent work as psychologists in rural areas. Given the nature of rural culture, rural mental health, urban versus rural characteristics, the current status …

Lead Concentration Of Soils In Sorby Hills Area Of Proposed M2 Irrigation Area, East Kimberley, Edward (Ted) Arnold Griffin, Noel R. Schoknecht, Ross Brennan, Jane Speijers, Dave Allen, Mike Freeman

Resource management technical reports

No abstract provided.

Climate Change, Vulnerability And Adaptation For South-West Western Australia: Phase One Of Action 5.5, Western Australian Greenhouse Strategy, Luke Morgan, Jo Anne Molin, Ross George, Richard Mckellar, Janet Conte

Bulletins 4000 -

This report outlines preliminary findings about the impacts of climate changes that occurred during 1975 to 2005 on the South West’s people, its economy and natural ecosystems. The report focuses on vulnerability and adaptation, identifying useful pointers for future work, particularly in relation to how well the community, stakeholders and decision-makers understand climate change as an issue and a threat.

Glacial Ecosystems, Amy Hodson, Alexandre M. Anesio, Martyn Tranter, Andrew G. Fountain, Mark Osborn, John Charles Priscu, Johanna Laybourn-Perry, Birgit Sattler

Geography Faculty Publications and Presentations

There is now compelling evidence that microbially mediated reactions impart a significant effect upon the dynamics, composition, and abundance of nutrients in glacial melt water. Consequently, we must now consider ice masses as ecosystem habitats in their own right and address their diversity, functional potential, and activity as part of alpine and polar environments. Although such research is already underway, its fragmentary nature provides little basis for developing modern concepts of glacier ecology. This paper therefore provides a much-needed framework for development by reviewing the physical, biogeochemical, and microbiological characteristics of microbial habitats that have been identified within glaciers and …

The Effects Of Multiple Head Micro-Trauma On Cognitive Function In High School Football And Soccer Athletes, Jessica M. Cole

Master's Theses and Doctoral Dissertations

There are limited studies that deal with the acute and chronic effects that high collision sports have on neurocognitive function. This study used a standardized concussion assessment (SAC) test to examine the effects that participation in high school football and high school soccer has on athletes’ neurocognitive functions throughout a season.

Forty-six male high school athletes participated in this study: 30 football players, and 16 soccer players. Each athlete underwent baseline SAC testing and a variety of SAC tests three additional times throughout the duration of the season, approximately 3 weeks apart.

Data analyses of the SAC scores did not …

Riding A Broomstick Out Of Plato’S Cave: Elements Of Plato Found In J.K. Rowling’S Harry Potter Series, Camille Winegar Parker

Master's Theses and Doctoral Dissertations

J.K. Rowling’s Harry Potter series has become a cultural phenomenon. An analysis of the Harry Potter series reveals that underneath the phenomenon status there is great depth. This paper looks at aspects of the novels that mirror elements found in Plato’s The Republic, specifically his allegory of the cave in Book Seven. Plato’s allegory of the cave can be broken down into “four stages,” and in the Harry Potter novels there are characters who fall in each of these four stages. Through the characters in the four stages we see that the “highest form of knowledge” (Plato 246) to …

Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.

This Article seeks to answer the question of how and why this …

The β-Tubulin Gene As A Means To Discriminate Species And Verify Evolutionary Patterns Of Arbuscular Mycorrhizal Fungi., Zola Msiska

Graduate Theses, Dissertations, and Problem Reports (ETD)

Arbuscular mycorrhizal fungi (AMF) associating with 80% of vascular plant families increase uptake of nutrients and water in plants, help to stabilize soil aggregates and improve soil aeration, water percolation and carbon storage. Phylogeny of AMF based on rDNA sequences is in conflict with morphology-based phylogeny. The aim of the present study was to examine a protein encoding gene, β-tubulin, in order to test conclusions drawn from rDNA sequences and morphological data. Inverse-PCR was used to amplify full-length β-tubulin genes of Gigaspora gigantea and Glomus clarum. The gene in both species is organized into five exons and four introns encoding …

School Bullying: A Freirean Perspective., Linda Fae Rhone

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study addressed the overarching question: Can the work of Brazilian educator Paulo Freire provide a framework for a better understanding of school bullying in the United States? In order to address the overarching question, the following questions were answered: (1) What is the state of information available on bullying in the United States? (2) How does selected works authored by Paulo Freire provide an understanding of oppressive relationships? (3) What has been written about Paulo Freire's influence on selected educators who teach in America? (4) What were the perspectives on bullying from selected educators whose practices are grounded in …

The Effect Of Follicular Aging On Gene Expression In Oocytes And Granulosal Cells., Brandon Michael Lingenfelter

Graduate Theses, Dissertations, and Problem Reports (ETD)

Mammalian oogenesis usually occurs concomitantly with folliculogenesis, coordinated through paracrine effects and physical contacts. During this time, the oocyte acquires the ability to resume meiosis, undergo fertilization and sustain embryonic development. Synthesis of RNA occurs during oogenesis and is largely responsible for early embryonic development. Any perturbations that delay either activation or ovulation can result in early embryonic loss. Therefore, the interacting effects at the genomic level were investigated using a persistent follicle model. Experiment 1. The present study was conducted to analyze global gene expression profiles in granulosal cells from ovarian follicles in cows. Analysis of the microarray data …

Talking To Children About Sexual Abuse, Sean Brotherson

FS Series – Family Science/HDFS

No abstract provided.

Making Sense Of Sensory Losses As We Age : Childhood, Adulthood, Elderhood?, Dena Kemmet, Sean Brotherson

FS Series – Family Science/HDFS

No abstract provided.

Disability And “Late Style” In Music, Joseph N. Straus

Publications and Research

“Late style” is a longstanding aesthetic category in all the arts. Late-style music is presumed to have certain internal qualities (such as fragmentation, intimacy, nostalgia, or concision) and to be associated with certain external factors (such as the age of the composer, his or her proximity to and foreknowledge of death, lateness within a historical period, or a sense of authorial belatedness with respect to significant predecessors). Upon closer inspection, it appears that many of these external factors are unreliably correlated with a musical style that might be described as late. Late style is often better correlated with the bodily …

An In Vivo Examination Of The Pulmonary Toxicity Of Ultrafine And Fine Carbon Black And Titanium Dioxide: Defining The Role Of Particle Surface Area., Tina Marie Sager

Graduate Theses, Dissertations, and Problem Reports (ETD)

The purpose of this study was to test this hypothesis examining the in vivo effects of ultrafine and fine particles on certain parameters of pulmonary damage and inflammation in the rat model. To do this each treatment group received a dosage based on mass particles. This dosage was then expressed as surface area of the particles (instead of mass) to determine if surface area rather than mass is the more appropriate metric of dose for pulmonary toxicity studies. To assess inflammation, BAL was conducted harvested and PMNs were counted as an indicator of pulmonary inflammation. LDH activity was also measured …