Digital Commons Network^™

The Misconceived Assumption About Constitutional Assumptions, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Both originalists and nonoriginalists alike often assume that background assumptions widely held when the Constitution or its amendments were enacted are part of the original meaning of the text. Originalists sometimes appeal to these background assumptions to render the meaning of more abstract words or phrases more determinate; nonoriginalist point to odious or outmoded assumptions as proof that original meaning is objectionable and should be rejected.

In this paper, the author examines the proper role of background assumptions in constitutional interpretation when ascertaining the meaning of the terms, and in constitutional construction when applying this meaning to particular cases and …

Zigbee-Enabled Structural Health Monitoring Using The Smartbrick System, Tyler Harms

Masters Theses

"This thesis describes the design, testing, and proposed extended field test of a wireless sensor network based on the SmartBrick, a structural health monitoring (SHM) device developed at Missouri S&T. The SmartBrick serves as the base station for the network, which utilizes additional sensor nodes to monitor the structure. Each node measures a range of environmental and structural phenomena, including vibration, tilt, humidity, and strain. The nodes use Zigbee short-range communication to transmit their data to the base station, which in turn uses the GSM cellular network to provide long-range communication capability and support for remote control.

Unlike many SHM …

Filtering, Modeling, And Control Of Axial Force Signals In Friction Stir Welding Processes, Thomas Michael Oakes

Masters Theses

"In Friction Stir Welding Processes, good contact between tool and work piece can be accomplished through control of the axial force signals. A method of stochastic modeling is introduced and used in conjunction with a Kalman filter to develop empirical static and dynamic models relating the axial force to input process parameters. The filtering method reduces signal variance by an order of magnitude. The models are experimentally validated and used to design and implement a general tracking controller with disturbance rejection for axial force control. Online control of the axial force is experimentally validated for bead-on-plate welds using a 6061 …

A Renewable Energy Feasibility Study To Power A Water Supply Pump In Sacala Las Lomas, Guatemala, William Anthony Granich

Masters Theses

"A clean and sufficient source of drinking water can be a challenge to develop in the rural highlands of Guatemala. Installing a submersible pump in a groundwater well can provide a source of water that is free of contamination and yields sufficient water throughout the year. Submersible pumps are typically powered from grid-power; however, an alternative energy source may be considered. An evaluation of the renewable energy resources has been conducted in Sacala las Lomas de San Martin Jilotepeque, Chimaltenango, Guatemala (Sacala). The drilling of a deep groundwater well has been proposed in Sacala to supply the community with sufficient, …

Comparison Of Dashboard-Based And Balanced Scorecard-Based Corporate Performance Management System, Lin Zhu

Masters Theses

"Under current hypercompetitive and technology driven economic environment, more companies are using a corporate performance management (CPM) system to gain more accurate understandings of the company goals and strategies and to craft methods of achieving those goals and strategies. While CPM systems are generally implemented in two approaches: dashboard approach and scorecard approach, very few studies examine the effectiveness of each type of CPM systems implementation. Therefore, the main objective of this study is to assess the effectiveness of a dashboard based and a balanced scorecard based corporate performance management system. The effectiveness is examined through management effectiveness, degree of …

Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail

Georgetown Law Faculty Publications and Other Works

In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …

Making Sense Of The Establishment Clause, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

While the jurisprudence of the Establishment Clause may not make much sense (common or otherwise) as a substantive legal matter, it does make sense as a series of jurisprudential maneuvers by which the Court has sought to make more room for religion in civic life. In fact, there is a method to the “massive jumble... of doctrines and rules” that forms the law of church-state relations. It is the method of a somewhat disorderly retreat from the Constitution’s foundational principle of disestablishment. The accommodations made by the Court to religious belief and conduct have allowed for discrimination against non-religion, edging …

Empirical Health Law Scholarship: The State Of The Field, Michelle M. Mello, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

The last three decades have seen the blossoming of the fields of health law and empirical legal studies and their intersection--empirical scholarship in health law and policy. Researchers in legal academia and other settings have conducted hundreds of studies using data to estimate the effects of health law on accident rates, health outcomes, health care utilization, and costs, as well as other outcome variables. Yet the emerging field of empirical health law faces significant challenges--practical, methodological, and political.

The purpose of this Article is to survey the current state of the field by describing commonly used methods, analyzing enabling and …

The Lds Church, Proposition Eight, And The Federal Law Of Charities, Brian Galle

Georgetown Law Faculty Publications and Other Works

This brief Commentary considers the merits of the argument that the Mormon Church's support for Proposition Eight violated federal tax law. I take as given the facts reported by the New York Times and other major news outlets. Although the facts are not really in dispute, much of the underlying law is. There are few clear guidelines governing lobbying by charities. In the end it is impossible to say with certainty whether the Church's conduct will have any tax-law repercussions. My conclusion that there is uncertainty, though, stands in contrast with existing claims that the expenditures of the LDS Church …

Habitats In A Rhode Island Coastal Lagoon Experiencing Episodic Hypoxia, Marisa L. Guarinello

Open Access Master's Theses

Identification of spatial and temporal patterns in ecosystem processes and habitats across various scales is at the core of ecological research. As human activities continue to place increasing pressure on marine and coastal ecosystems, ecosystem-based management that includes an understanding of such patterns and embraces complexity is needed. Habitat classification and mapping can be used to identify existing patterns, spatial and temporal scales of variability, and locations vulnerable to human-induced changes. To truly examine ecosystem dynamics, characterization of habitat response to stressors should be paired with conceptual and quantitative models of ecosystem and stressor dynamics.

Quonochontaug Pond, a coastal lagoon …

"Denmark Our Heritage - America Our Home": Danishness And Roots In A Multicultural World, Trine Tybjerg Holm, Borge M. Christensen

The Bridge

Danishness is flourishing in the U.S.A. at the dawn of the twenty-first century, and it is not difficult to find this Danishness, or rather, to find what Americans consider to be Danishness. When the Danish media focus on Danishness in the U.S., they tend to highlight two areas: Solvang, California, the so-called "Danish Capital of America," and the two "Danish Villages," Elk Horn and Kimballton, Iowa. Today, Solvang has a population of around 5,000 and Elk Horn/ Kimballton around 1,000. However, estimates have 1.5 million tourists visiting Solvang and 80,000 visiting Elk Horn/Kimballton annually. Dannebrog waves on high in both …

Determining The Future Income Of College Students, Paul Oehrlein, '09

Honors Projects

Many people invest a lot of money in order to go to college with the hope that they will eventually be rewarded with higher salaries. This paper attempts to determine what aspects of college are most important in determining the future income of students. In particular, this paper studies whether GPA is an important determinant of income as well as whether some majors are better investments than others after controlling for other factors. In addition, the effect of math and verbal ability on income and how they interact with different fields of study are studied. The data comes from the …

V.1, 2009 Mastead

San Diego Journal of Climate & Energy Law

No abstract provided.

Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento

San Diego Journal of Climate & Energy Law

This Article surveys the current bilateral and trilateral initiatives aimed at GHG emission reductions in North America with a view to assessing the nature and potential role of regional climate change law and policy within a broader global framework. In this context, by regional cooperation, we mean cooperation organized on a North American scale. In pursuit of this objective, this Article seeks to identify, first, how climate change mitigation may be regulated usefully on a regional scale, and second, the governance structures and institutions that may be drawn upon to create and implement regional cooperation on climate change. Particular consideration …

Consumers Versus Contracts: Morgan Stanley, Maine, And The Mobile-Sierra Doctrine, Brent Allen

San Diego Journal of Climate & Energy Law

The Supreme Court unwittingly spawned the so-called Mobile-Sierra doctrine in 1956 with its two same-day decisions in United Gas Pipe Line Co. v. Mobile Gas Service Corp. and Federal Power Commission v. Sierra Pacific Power Co. The doctrine creates an important restriction on the Federal Energy Regulatory Commission's (FERC) ability to interfere with wholesale energy rates set forth in private contracts. It does this by triggering a heightened standard of review that applies when the Commission reviews fixed rates in private contracts; specifically, the doctrine shifts the standard from the default "just and reasonable" standard to a more rigorous "public …

Bulletin Of Yale University School Of Nursing 2009-2010, Yale School Of Nursing

Yale School of Nursing Bulletins and Catalogues

Series 105, Number 15

September 5, 2009

Leonard V. Nationwide Mutual Insurance Co.: Why The High Water Mark In The Tort-Contract Debate May Cause The Next Wave Of Insurance Litigation To Inundate The Fifth Circuit Court Of Appeals With Their Tort Claims, Jeffrey E. Mcdonald

MC Law Review

Note

Chairing The Board: The Case For Independent Leadership In Corporate North America, Millstein Center For Corporate Governance And Performance

Ira M. Millstein Center for Global Markets and Corporate Ownership

The number of non-executive chairmen at companies in North America has been increasing year by year. Recent figures, according to the 2008 Spencer Stuart Board Index, indicate that the last decade has seen a growing trend in separating the roles of the Chief Executive Officer (ceo) and the chairman of the board. In 1998, 16% of the s&p 500 featured distinct chairmen. Data shows that in 2008 as many as 39% appoint someone other than the ceo to chair the board. Traditionally, even in companies that split the role, the chairman was not completely independent, but rather commonly the ex-ceo …

Pay, Risk And Stewardship: Private Sector Architecture For Future Capital Markets, Mariana Pargendler

Ira M. Millstein Center for Global Markets and Corporate Ownership

The recent financial crisis revealed a massive failure of institutions that populate the world’s capital markets. Banks, investors, ratings agencies, regulators and numerous other players demonstrated that confidence in market responses was misplaced. The loss of faith in capital market institutions has represented a significant hurdle to recovery as financial institutions continue to be wary of one another, and the public is wary of all of them.

Restoring trust in the system requires two distinct pillars of reform. The first pillar, reform of the financial regulatory system, both nationally and globally, has received most of the attention so far. Many …

Agenda For Private Sector Reform: Omnibus Policy Recommendations For A Post-Crisis Market, Millstein Center For Corporate Governance And Performance

Ira M. Millstein Center for Global Markets and Corporate Ownership

The global financial crisis has exposed a raft of market weaknesses and failures The Center has concentrated on probing urgent, corporate governance-related issues where it identified apparent gaps in knowledge, insight and infrastructure. Policy Briefings have addressed the advisory vote on executive compensation; board-shareowner communications; proxy voting reform; independent board leadership; risk oversight; pay for performance; and shareowner stewardship. Using global perspectives, they address key concerns within the relevant subject areas and attempt to gather and present practical recommendations and ideas.

This report compiles summaries of the Center’s recommendations on these seven key areas from 2007 through mid-2009. The objective …

Assessment Of Sustainability Of Rural Tourism Villages In Southeastern China Using Sustainable Tourism Development Indicators, Tang Chen

Dissertations and Theses @ UNI

The purpose of this study was to assess sustainability of rural tourism practices in heritage, ecological, and ethnic communities in southeastern China, using sustainable tourism development indicators. The rural tourism communities selected for this study were Tengtou Village in Fenghua, Zhuge Bagua County in Lanxi, and She Minority Village in E Shan Tonglu, representing examples of domestic rural tourism initiatives in China. This study applied the 2004 WTO sustainability indicator model to develop appropriate indicators for assessing sustainability of rural tourism practices in the selected communities, and aimed at answering the following research questions. First, what indicators would be most …

Laser Assisted Telerobotic Control For Remote Manipulation Activities, Karan Khokar

USF Tampa Graduate Theses and Dissertations

The effort in this work has been to innovatively use range information from a laser sensor mounted on the end effector of a remote robotic arm in a telerobotic system to assist the user in carrying out remote tasks in unstructured environments. Assistance is provided in the form of Traded Supervisory Control where the human is involved in high level activities such as decision making and the machine generates task plans and executes tasks autonomously using laser data and machine intelligence. In this way human planning and high level decision making capabilities are combined with machine computational and precision task …

The Impact Of Wearable Weights On Perceptual Reponses To Treadmill Walking, Ashley T. Kuczynski

USF Tampa Graduate Theses and Dissertations

The growing public health burden associated with insufficient physical activity has resulted in the development of numerous health initiatives and products aimed at stabilizing and reversing the negative trends reported in epidemiological literature. A relatively novel product that has only recently made its way to the market are wearable weights. These products are designed to be worn on the lower legs and arms along with regular clothing as a means to increase caloric expenditure. However, no research to date has tested the efficacy of this product. PURPOSE: Compare psychological responses within bouts of aerobic exercise that vary on intensity and …

Sympathy For The Devil: A Character Analysis Of Gibreel Farishta In Salman Rushdie’S The Satanic Verses, Catherine Mary Lafuente

USF Tampa Graduate Theses and Dissertations

Salman Rushdie's The Satanic Verses created a major controversy when published in 1988, much like the controversy that Nikos Kazantzakis's novel The Last Temptation of Christ caused in 1951. Kazantzakis's work upset many Christians due to the controversial characterization of Jesus, who in the novel engages in sexual activities and other behaviors that many Christians find offensive. The Satanic Verses caused a similar uproar in the Umma, or Muslim community, resulting in book burnings, death threats, and even a murder. Most of the controversy focused on some the problematic characterizations of the Prophet Muhammad and his wives, such as using …

Student Reflections: The Impact Of Dual Enrollment On Transitions To A State University, Theresa Lyvette Lewis

USF Tampa Graduate Theses and Dissertations

Dual enrollment is one means of facilitating increased degree productivity, which can lead to the more educated workforce needed in today's society. This qualitative study was designed to obtain student perceptions about their dual enrollment experience, including how it impacted their decision to go to college and what comparisons they would make between their dual enrollment experience and their full university experience. Twenty-one students were interviewed via e-mail to provide responses that would help answer three research questions: 1.What are the initial experiences of dual enrollment students? 2.How does the dual enrollment experience impact the decision of high school graduates …

The Political Ecology Of Intestinal Parasites Among Nicaraguan Immigrants In Monteverde, Costa Rica, Jason D. Lind

USF Tampa Graduate Theses and Dissertations

Over the past 15 years Monteverde, Costa Rica has undergone rapid economic, social, political, and environmental change due to a flourishing ecotourism economy. While the effects of ecotourism development in Monteverde are many, two important consequences have been: 1) the immigration of Nicaraguan nationals to the area seeking low-skilled wage labor; and 2) compromised water resources management due to pollution and rapid population growth. The objective of this research is to investigate and identify the inter-relationships between ecotourism development in Monteverde and its affect on infectious diseases outcomes within the context of immigration and water resources management. Specifically, this dissertation …

A New Understanding Of Sophistic Rhetoric: A Translation, With Commentary, Of Mario Untersteiner‘S ―Le Origini Sociali Della Sofistica‖, Elisabeth Lofaro

USF Tampa Graduate Theses and Dissertations

This dissertation translates an essay by Mario Untersteiner "Le origini sociali della sofistica" ("The Social Origins of Sophistry") unpublished in English, and explores its significance in terms of classical and contemporary rhetorical theory, as well as the composition classroom. In the process, I attempt to contribute to reestablishing sophistry and rhetoric within our contemporary cultural milieu. More specifically, the dissertation is organized into five main parts: The first chapter offers an introduction to and thorough background of the sophists in ancient and classical Greece; the second chapter reviews the scholarship about the sophists, as well as that on Mario Untersteiner …

The Babel Paradox, Michel Machado

USF Tampa Graduate Theses and Dissertations

The purpose of the book of Acts is still not well understood. Various interpretations have been offered in order to make sense of the narrative and its author's intention. What is the point of Luke's second book in portraying the evangelization of the Roman Empire as a rabid confrontation between Jewish followers of Jesus and other Jewish people? This matter calls for an examination of the relationship between the mother religion and the Jesus movement as it expands into a universal religion. Luke portrays the Jesus movement as the focus of divine favor, in contradistinction to the Jewish nation which …

Agricultural Nonpoint Source Pollution Management: Water Quality Impacts Of Balm Road Treatment Marsh, Hillsborough County, Florida, Sarah J. Malone

USF Tampa Graduate Theses and Dissertations

Balm Road Treatment Marsh is a 12 ha constructed wetland treatment system in south-central Hillsborough County, Florida created to improve water quality in Bullfrog Creek and ultimately Tampa Bay. The treatment system was designed to treat runoff from approximately 741 ha of upstream agricultural land prior to discharging into the creek, with the primary goals of reducing sediment and nutrient loads. Water quality data from four sites on Bullfrog Creek were analyzed to determine impacts to ambient water quality and pollutant load reductions downstream. Results were compared to the performance of other wetlands to treat both nonpoint and point source …

Program Satisfaction, School Climate Perceptions, And Psychoeducational Experiences In College Preparatory Programs: A Comparison Of Caucasian And Ethnic Minority Students, Yanique T. Matthews

USF Tampa Graduate Theses and Dissertations

The current study focused on the extent to which participation in academically rigorous college preparatory programs, International Baccalaureate (IB) and the Advanced Placement (AP) particularly, impacts students from racially diverse backgrounds (Caucasian, African American, Asian American and Hispanic/Latino American). Student outcomes of interest included the program satisfaction, school climate perceptions (relationships with peers and teachers), and psychoeducational adjustment (academic and mental health functioning). The experiences of 381 college preparatory participants were also compared to 143 general education peers and subjected to a series of MANOVAs and ANOVAs. General findings indicated that, regardless of the student's racial identity, students in AP …