Digital Commons Network^™

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston

Journal of Business & Technology Law

No abstract provided.

In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung

Journal of Business & Technology Law

No abstract provided.

Weber V. U.S. Sterling Securities, Inc.: Contracting The Liability Shield For Members Of Delaware Limited Liability Companies, Marios J. Monopolis

Journal of Business & Technology Law

No abstract provided.

The Differential Effects Of Concurrent Planning Practice Elements On Reunification And Adoption, Amy C. D’Andrade

Faculty Publications

Objective: The child welfare practice of concurrent planning attempts to shorten children's stays in foster care. There is very little quantitative research on concurrent planning's effects. This study examines the influence of concurrent planning practice elements (reunification prognosis, concurrent plan, full disclosure, and discussion of voluntary relinquishment) on reunification and adoption. Method: Using a sample of 885 children, an observational design, and statistical controls, children who received concurrent planning elements were compared to those who did not. Results: Findings show discussion of voluntary relinquishment to be positively associated with adoption and full disclosure to be negatively associated with reunification. Conclusions: …

Development Of Interactional Competence: Changes In The Use Of Ne In L2 Japanese During Study Abroad, Midori Ishida

Faculty Publications

This chapter investigates the development of the use of the Japanese particle ne by a second language (L2) learner of Japanese during a 9-month study abroad.

The Scientist, Winter 2009, San Jose State University, College Of Science

The Scientist (College of Science)

No abstract provided.

Measuring Measuring: Toward A Theory Of Proficiency With The Constructing Measures Framework, Brent M. Duckor, K Draney, M Wilson

Faculty Publications

This paper is relevant to measurement educators who are interested in the variability of understanding and use of the four building blocks in the Constructing Measures framework (Wilson, 2005). It proposes a uni-dimensional structure for understanding Wilson’s framework, and explores the evidence for and against this conceptualization. Constructed and fixed choice response items are utilized to collect responses from 72 participants who range in experience and expertise with constructing measures. The data was scored by two raters and was analyzed with the Rasch partial credit model using ConQuest (1998). Guided by the 1999 Testing Standards, analyses of validity and reliability …

The Method And Role Of Comparative Law, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Money As Simulacrum: The Legal Nature And Reality Of Money, John J. Chung

Law Faculty Scholarship

No abstract provided.

Online Child Sexual Abuse: The French Response, Mohamed Chawki

Journal of Digital Forensics, Security and Law

Online child sexual abuse is an increasingly visible problem in society today. The introduction, growth and utilization of information and telecommunication technologies (ICTs) have been accompanied by an increase in illegal activities. With respect to cyberspace the Internet is an attractive environment to sex offenders. In addition to giving them greater access to minors, extending their reach from a limited geographical area to victims all around the world, it allows criminals to alter or conceal their identities. Sexual predators, stalkers, child pornographers and child traffickers can use various concealment techniques to make it more difficult for investigators to identify them …

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info.

The Power Of Empowerment:Recognising Power Relations Within 'Development' For Communities In Zambia, Karen Treasure

School of Geography, Earth and Environmental Sciences Theses

Empowerment has emerged as a key focus of development policy and practices in the contemporary era, where simultaneously a need for 'development' is ascribed due to historically determined power relations imposed through discourse and intervention. This research enquires into the contradiction inherent in assuming an intemational agenda to empower those who are continually disempowered. Through analysis of a series of case studies of development projects in Zambia, this research argues that the potential of the empowerment agenda is inherently limited by the ongoing structural conditions of development. In the cases studied, community members successfiilly achieve a form of 'subjective empowerment' …

Foundations In Wisconsin: A Directory [28th Ed. 2009], Marquette University - Funding Information Center, Mary C. Frenn, Melanie Baier, Jeremy Blackwood, Anne Carpenter, Joseph Flipper, Sarah Martin, Greg Sikora

Foundations in Wisconsin: A Directory

The 2009 edition of Foundations in Wisconsin marks the 28th production of the print directory and the 9th year of the online version. 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 continued to grow in …

Intra-Individual Variation In Children's Physical Activity Patterns: Implications For Measurement, Kate Ridley, Tim Olds, Beth P. Hands, Dawne Larkin, Helen Parker

Health Sciences Papers and Journal Articles

Children's physical activity (PA) patterns change form day to day. This intra-individual variability affects precision when measuring key physical activity and sedentary behavior variables. This paper discusses strategies to reduce the random error associated with intra-individual variability and demonstrates the implications for assessing PA when varying number of days are sampled. Self-reported data collected on two hundred and ninety eight 13- to 14-year-olds were used to compare estimates of PA and sedentary behaviour derived from between 1 and 7 days of recall data. Large intra-individual coefficients of variation were calculated for physical activity level (14.5%), moderate-to-vigorous physical activity (83.4%), screen …

A House Divided: Earl Caldwell, The New York Times, And The Quest For A Testimonial Privilege, Eric Easton

All Faculty Scholarship

In the 1972 case of Branzburg v. Hayes, the Supreme Court held that the First Amendment does not protect journalists who refuse to reveal their confidential sources or news gathering product in response to a federal grand jury subpoena. That decision has remained vital for 35 years and has reverberated through a number of recent high-profile cases. Despite some form of protection in nearly every state court, reporters haled before a federal judge may have no recourse save prison. Devastating as Branzburg has been for the so-called journalist's privilege, its negative impact has been far broader. Branzburg is one of …

Introductory Note To Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), International Court Of Justice, Judgment Of 13 July 2009, Nienke Grossman

All Faculty Scholarship

The Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) concerns the rights of Nicaragua and Costa Rica over part of the San Juan River, located in the territory of the former, but whose right bank and certain navigational rights belong to the latter. In its July 13, 2009 Judgment, the International Court of Justice ("ICJ") made a number of specific rulings regarding the scope of Costa Rica's right to free navigation, Nicaragua's power to regulate that right, and Costa Rican riparians' subsistence fishing rights. Aside from its immediate significance for the litigating parties, the Judgment is noteworthy for …

The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone

All Faculty Scholarship

This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or offer …

Community, Conversation, And Conflict: A Study Of Deliberation And Moderation In A Collaborative Political Weblog, Samantha Isabella Soma

Dissertations and Theses

Concerns about the feasibility of the Internet as an appropriate venue for deliberation have emerged based on the adverse effects of depersonalization, anonymity, and lack of accountability on the part of online discussants. As in face-to-face communication, participants in online conversations are best situated to determine for themselves what type of communication is appropriate. Earlier research on Usenet groups was not optimistic, but community-administered moderation may provide a valuable tool for online political discussion groups who wish to support and enforce deliberative communication among a diverse or disagreeing membership.

This research examines individual comments and their rating and moderation within …

Large-Scale Study Of Calanus In The North Atlantic Ocean: Macroecological Patterns And Potential Impacts Of Climate Change, Pierre Helaouet

Other Faculty of Science and Engineering Theses

Marine ecosystems show natural fluctuation throughout a large range of spatial and temporal scales. Despite the large amount of study devoted to the North Atlantic Ocean, drivers of those fluctuations remain unclear. By changing global climate, polluting, introducing exotic species, expanding and intensifying land uses and overharvesting biological resources, human activities have degraded the global ecosystem and drastically accelerated species extinction rates. Consequences of this human forcing become apparent in the progressive degradation of ecosystem that are used by humans (Schroter et al. , 2005), climate change- induced shifts in species distributions toward the poles (Parmesan et al. , 1999) …

Impact Of Co-Contaminant Chelating Agents On The Speciation, Sorption And Migration Of Actinides, Colin Charles May

Other Faculty of Science and Engineering Theses

Actinide elements are a major long term hazard in wastes arising from nuclear industries. Anthropogenic chelating agents used in nuclear site clean-up operations {e.g. EDTA and NTA) and cellulose degradation products {e.g. ISA) are found in mixed wastes, and the impact of these ligands on actinide sorption and migration is relatively poorly understood. Knowledge of actinide speciation is fundamental for elucidating sorption processes affecting the migration of actinides in the terrestrial environment. This project has used Th(IV) and U02^* as model actinides in key oxidation states to investigate the impact of EDTA, NTA and ISA on actinide speciation, sorption and …

Distribution Of Elateridae And Tipulidae Pest Species In An Agricultural Landscape, Helen Mary Hicks

Other Faculty of Science and Engineering Theses

Wireworms and leatherjackets, the larvae of click beetles (Agriotes spp) and crane flies (Tipula spp) respectively, are subterranean pests of grass, cereals and vegetables and are present throughout the UK and Europe. Soil cores, pheromone traps and water traps were used to measure populations. The populations of larvae were compared to those of adults. Leatherjackets and crane flies were found to be correlated, as were A. obscurus click beetle and wireworm populations. Annual variation in trap catches was observed. Populations were related at a number of spatial scales to cultural, physical and chemical variables. Spatial structure of populations was identified …

Physiological And Whole-Body Correlates Of Contest Behaviour In The Hermit Crab Pagurus Bernhardus, Sophie Lilian Mowles

Other Faculty of Science and Engineering Theses

The series of experiments that comprise this thesis used shell fights in the hermit crab Pagurus bernhardus as a model system to address the proximate physiological and whole-organism correlates of contest behaviour. These correlates of fighting ability ranged from the metal ions magnesium (Mg2+) and calcium (Ca2+), through respiratory pigments and muscular proteins to whole-organism performance capacities and behavioural syndromes. This broad-spectrum approach thus allowed the study of a suite of mechanisms which may influence agonistic behaviour and fighting ability.

Characterisation And Molecular Typing Of Clinical And Environmental Isolates Of Vibrio Parahaemolyticus, Aklak Miah

Other Faculty of Science and Engineering Theses

Vibrio parahaemolyticus is a natural inhabitant of coastal waters worldwide and is the leading cause of seafood-borne gastroenteritis. This study reports on the use of several molecular characterisation methods to screen clinical and environmental isolates of V parahaemolyticus to assess whether such techniques can be used to distinguish pathogenic isolates reliably. In a total of 86 isolates mainly of V parahaemolyticus but also including V cholerae, V vulnificus and several other species, serotypes of the more virulent clonal group 03:K6 were identified, but otherwise there appeared no association with serotype and phenotype. The tdh and trh genes encoding haemolysins that …

Physiological Aspects Of The Response To Elevated Co2 In Lentils (Lens Culinaris Medic), Rima Rabah Nasser

Other Faculty of Science and Engineering Theses

This study examined the effects of elevated CO2 and its interaction with drought and nitrogen fertilizer on the growth, production and nodulation of the leguminous crop lentil (Lens culinaris Medic) cultivars ILL7979 and ILL6994 (Idlib 3).

Women Candidates And Councillors In English Local Government, Mary Bernadette Shears

Other Faculty of Science and Engineering Theses

Research interest in gender and politics has been increasing in the UK and intemationally. Much of this research has focussed on the issues surrounding women's underrepresentation to national elected office. However, a vital part of the picture has been largely ignored - women's under-representation in local govemment. This is surprising given that so many MPs still cite experience of serving on local councils before embarking on a career in national politics. This thesis aims to fill some important gaps In our knowledge of the situation affecting the under-representation of women in local govemment In England. It is known that women …

The Effectiveness Of Privately Managed Marine Reserves In Sustaining Nearshore Fisheries In The Tropical Coastal Zone, Bjorn Patrik Mikael Svensson

Other Faculty of Science and Engineering Theses

There is an emergent need to increase protection of nearshore resources from a growing human population, which is deteriorating coral reef ecosystems through coastal development, overfishing and destructive fishing practices. A possible solution involves increasing the number of smaller Marine Protected Areas (MPAs), creating a network of reserves with greater fisheries potential, while locally remaining small enough not to overly impinge on fishers available fishing grounds. Coral reefs are often found in developing countries, where governments financially struggle to establish successfully managed MPAs. A growing number of Hotel Managed Marine Reserves (HMMRs) have partly therefore, recently been established. Hotels arguably …

Community Structure And Dynamics Of The Azorean Rocky Intertidal: Exploitation Of Keystone Species, Gustavo M. Martins

Other Faculty of Science and Engineering Theses

Experimental work has shown the importance of grazing by patellid limpets in structuring intertidal assemblages. Little is known, however, about the effects of a largescale and chronic removal of limpets. Here I investigate the ecology of Patella candei, a seldom-studied limpet endemic to Macaronesia, and how its long-term fishery impacts the Azorean rocky intertidal. The specific aims of this thesis are to: examine the processes that affect the distribution of limpets in the Azores at a range of spatial scales; investigate the role of grazing by P. candei in structuring the Azorean rocky intertidal and if its harvesting has impacted …

Assessing The Impact Of Increasing Seawater Temperature And Acidity On Marine Organisms Using Ophiuroid Brittlestars As An Experimental Model, Hannah L. Wood

Other Faculty of Science and Engineering Theses

Ocean acidification is a consequence of rapidly increasing atmospheric levels of carbon dioxide and, in tandem with increasing sea temperature, poses a significant threat to marine life. A series of mesocosm experiments have been conducted at the Plymouth Marine Laboratory (Plymouth, UK) and the Kings Bay Marine Laboratory (Ny-Alesund, Svalbard) where ophiuroid brittlestars were used as a model to investigate the physiological response of marine organisms to ocean acidification and ocean warming. A 'whole organism' approach was adopted to elucidate the primary physiological responses, trade offs and conflicts that occurred. Three ophiuroid species of differing lifestyle and habitats were chosen …

Morphodynamics Of Ebb Tidal Delta Sandbanks In A Meso To Macro Tidal Environment; Teignmouth, Uk., Nigel P. Aird

Other Faculty of Science and Engineering Theses

This contribution utilises a multifaceted approach to investigate the physical processes responsible for the onshore migration of ebb tidal sandbanks at an estuarine inlet dominated by low energy waves. A coastal video system was used to obtain two-weekly quantitative measurements of the position, plan form and crest depth of the landward migrating sandbanks over a five year period which encompassed four consecutive events. These data were supplemented with a 35 year photographic record of the inlet's development. Onshore sandbank migration was characterised by mean and maximum rates of I to 2 m. day"1 and 5 m. day" 1 respectively. The …