Digital Commons Network^™

Not All Who Wander Should Be Lost: The Rights Of Indigenous Bedouins In The Modern State Of Israel, Yehuda Gruenberg

Brooklyn Journal of International Law

No abstract provided.

Competition And Comity In The Fragmentation Of International Law, William Thomas Worster

Brooklyn Journal of International Law

No abstract provided.

The Future Of Bilateral Investment Treaties: A De Facto Multilateral Agreement, Dr. Efraim Chalamish

Brooklyn Journal of International Law

No abstract provided.

Book Review: "Christianity In India: From Beginnings To The Present", Kristin Bloomer

Journal of Hindu-Christian Studies

A review of Christianity in India: From Beginnings to the Present by Robert Eric Frykenberg.

The Death Penalty In Florida, Christopher Slobogin

Vanderbilt Law School Faculty Publications

This article summarizes the findings and recommendations of the ABA Death Penalty Moratorium Implementation Project's Florida Assessment Team, which I chaired. Relying on an analysis of caselaw, studies, news reports, and interviews, the article describes significant flaws in Florida's death penalty law and practice in nine areas: the police investigative process; the analysis of scientific evidence; the conduct of prosecutors; the qualifications, reimbursement and competence of defense attorneys; the decision-making process of judges; the structure and decision-making process of capital sentencing juries; clemency; the system's reaction to the race of the victim; and the treatment of people with mental disability. …

Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program--A Catalyst For Advancing Science And Policy, J.B. Ruhl, James Salzman, Iris Goodman

Vanderbilt Law School Faculty Publications

On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …

Group-Conflict Resolution: Sources Of Resistance To Reconciliation, Erin O'Connor

Vanderbilt Law School Faculty Publications

In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, anthropologists, lawyers, and others have explored the dynamics of apology and its role in deescalating disputes and promoting forgiveness and reconciliation. Furthermore, we have a better understanding today of the benefits to individuals from forgiveness and reconciliation. Victims who are able to forgive their transgressors have better psychological and physical health and lead richer lives. Because lawyers tend to focus their attentions on legal disputes, a growing body of …

Queering Sex Machines : The Re-Articulation Of Non-Normative Sexualities And Technosexual Bodies, Hok Bun, Isaac Leung

Lingnan Theses

From the simple electronic vibrator to the complex assemblages of cybersex, sex and technology have always intersected. The dynamic relations between sexuality and technology are constantly changing along with the ways in which human beings achieve psychological and bodily pleasure through these devices. Sex machine, a term that denotes an automated device that can assist human in the pursuits of sex, has been broadly defined as therapeutic and pleasure machines in the West. Large numbers of sex machines have been documented in Europe and America starting from the nineteenth century, and were widely produced and utilized by medical practitioners, sex …

India And China Space Programs: From Genesis Of Space Technologies To Major Space Programs And What That Means For The Internati, Gaurav Bhola

Electronic Theses and Dissertations

The Indian and Chinese space programs have evolved into technologically advanced vehicles of national prestige and international competition for developed nations. The programs continue to evolve with impetus that India and China will have the same space capabilities as the United States with in the coming years. This will present new challenges to the international community in spheres civilian, to space and military applications and their residual benefits.

Globalization And Identity: A Cross-National Study Among Chinese, Indian, Colombian, And American College Students, Min Cheng

Electronic Theses and Dissertations

Arnett (2002) has suggested the development of a typology similar to one that has become popular in the ethnic identity literature (Berry, 1993; Phinney, 1990) whereby people are surveyed in terms of strength of identification with both the dominant national culture and their particular sub-group minority culture. Based on this typology, we have developed a paper and pencil measure, the Global Identity Survey (GIS), which asks participants about the degree to which they identify with either the local or global culture. A new typology is proposed, with behaviors and attitudes falling into one of the four following categories: "locally encapsulated" …

Decomposition Of Changes In Hong Kong Wage Dispersion Since 1980s : A Distributional Approach, Kai Wai Huang

Lingnan Theses

Wage dispersion is one of the social and economic issues arousing public concern in Hong Kong. There are many studies exploring the possible causes and changes in wage dispersion. They often focus on the study of summary measures such as Gini and Theil indexes, or adopt OLS-based regression approach. In foreign studies on wage dispersion, Oaxaca-Blinder decomposition, originated from Oaxaca (1974) and Blinder (1973), is a common method of decomposing changes or differences in mean wages between two groups into wage structure effect and composition effect, and then further decomposing the two effects into contributions of each control variable. Nevertheless, …

Hedonic Property Value Modeling Of Water Quality, Lake Proximity, And Spatial Dependence In Central Florida, Patrick Walsh

Electronic Theses and Dissertations

Hedonic property value analysis is one of the leading methods of environmental valuation. This non-market technique uses variation in home sales to infer the values of amenities or disamenities. While there have been numerous studies about air quality and hazardous waste, the number of papers focusing on water quality is much smaller. Consequently, there are still many unanswered questions about the proper handling of water quality through hedonic methods. Furthermore, estimates from hedonic property price analyses are rarely used in government cost benefit analyses. This dissertation investigates several important hedonic issues in a large analysis of water quality in central …

Content And Citation Analysis Of Interdesciplinary Humanities Textbooks Within A Framework Of Curriculum Theory, Julie Guidera

Electronic Theses and Dissertations

The purpose of this dissertation was to analyze the content of textbooks used in undergraduate survey courses in interdisciplinary humanities to understand the content of the curriculum and how an author's viewpoint shapes the product. By enumerating the texts and images authors and their publishers used to illustrate 20th century culture and the transition into the 21st century, the analysis generated a description of the range of perspectives from traditional to postmodern found in six sampled textbooks. Textbook content provided chronological data, while authors' source citations established identity properties of the works' contributors. Through a ranking system of authors' treatment …

United States Certificate Programs In Technical Communication : A Feminist-Sophistic Investigation, Jim Nugent

Dissertations, Master's Theses and Master's Reports - Open

Technical communication certificates are offered by many colleges and universities as an alternative to a full undergraduate or graduate degree in the field. Despite certificates’ increasing popularity in recent years, however, surprisingly little commentary exists about them within the scholarly literature. In this work, I describe a survey of certificate and baccalaureate programs that I performed in 2008 in order to develop basic, descriptive data on programs’ age, size, and graduation rates; departmental location; curricular requirements; online offerings; and instructor status and qualifications. In performing this research, I apply recent insights from neosophistic rhetorical theory and feminist critiques of science …

Determining The Role Of Environmental Factors And Disturbance In The Distribution Of Reed Canary Grass Within Wetlands, Kathryn M. Marlor

Dissertations, Master's Theses and Master's Reports - Open

Reed canary grass (Phalaris arundinacea L.) is an invasive species originally from Europe that has now expanded to a large range within the United States. Reed canary grass possesses a number of traits that allow it to thrive in a wide range of environmental factors, including high rates of sedimentation, bouts of flooding, and high levels of nutrient inputs. Therefore, the goals of our study were to determine if 1) certain types of wetland were more susceptible to Reed canary grass invasion, and 2) disturbances facilitated Reed canary grass invasion.

This study was conducted within the Keweenaw Bay Indian …

Latina/Os' And Latina/O Legal Studies: A Critical And Self-Critical Review Of Latcrit Theory And Legal Models Of Knowledge Production, Margaret E. Montoya, Francisco Valdes

Faculty Scholarship

For the twelfth time in as many years, the LatCrit community convened its annual conference to underscore the importance of location and locality in the work that we do. The conference theme's framing around Critical Localities: Epistemic Communities, Rooted Cosmopolitans and Knowledge Processes not only focused our collective attention on questions of epistemic community and intellectual (as well as physical) location, but also invited reflection on the meanings we inscribe onto the positions we elect to stake out for ourselves and our work in light of the options and traditions that serve as background. The "Critical Localities" theme invites an …

Spatio-Temporal Dynamics Of Biomes In The Northwestern United States (9000 Ybp To The Present), Christopher Caleb Stump

Graduate Student Theses, Dissertations, & Professional Papers

The goal of this study was to quantitatively analyze and map the vegetation composition of forest, grassland, and steppe ecosystems in the northwestern United States in the present and through the last 9,000 years. The modern analysis used canonical correspondence analysis (CCA) on pollen percentages from recent sediment cores reflecting modern vegetation assemblages and climates to evaluate the amount of influence of selected environmental variables on present species distributions. The fossil analysis used non-metric multi-dimensional scaling (NMDS) on a merged database containing relative pollen percentages from the last 9000 years. A predefined list of environmental parameters and floristically and ecologically …

Territoriality And Habitat Selection Of Feral Pigs On Fort Benning, Georgia, Usa, William Deroche Sparklin

Graduate Student Theses, Dissertations, & Professional Papers

Feral pigs are one of the most successful, widespread, economically and environmentally damaging invasive mammalian species worldwide. I conducted a study of feral pig sounders (female social groups) on Fort Benning, Georgia to test our hypotheses that feral pigs were territorial at the sounder level and that territoriality was a key factor influencing habitat selection of feral pigs. I used Global Positioning System (GPS) location data from 24 individuals representing 18 sounders combined with mark-recapture and camera trap data to evaluate evidence of territorial behavior at the individual and sounder levels by comparing the degree of overlap between home ranges. …

Rock Glacier Distribution, Activity And Movement, Northern Absaroka And Beartooth Ranges, Mt, Usa, Zachary M. Seligman

Graduate Student Theses, Dissertations, & Professional Papers

Rock glaciers of the northern Absaroka and Beartooth Ranges have not previously been described. Six-hundred and sixty rock glaciers were hand digitized in a GIS and evaluated using 11 distributional characteristics. Beartooth rock glaciers were found to occur at higher elevations, receive more precipitation, and were subjected to colder temperatures. Additionally, logistic regression analysis was used to examine the predictive strength of the 11 descriptive parameters on rock-glacier activity. Elevation and average annual maximum temperatures were most strongly correlated with activity. Results were used to make inferences about permafrost distribution which coincided with estimates from previous studies. Finally, movement rates …

Sovereignty, Deference, And Deportation: Allocating And Enforcing Immigrants' Rights In The United States And Europe, Angela M. Banks

Faculty Publications

No abstract provided.

Water Quality And Waterborne Disease Along The Niger River, Mali: A Study Of Local Knowledge And Response, Ashley Lauren Williams

Graduate Student Theses, Dissertations, & Professional Papers

This paper presents the findings of a study to assess patterns in local knowledge of and response to water quality and waterborne diseases in relation to seasonal changes in the Niger River Inland Delta. The study draws on field data collected in four villages along the Niger River in the Mopti district of Mali during September 2008. The major findings suggest: (1) water use behaviors and diarrheal disease management are influenced by the tremendous seasonal fluctuations in the riverine environment; (2) local awareness of the relationship between poor water quality, oral-fecal disease transmission, and waterborne disease is low; (3) interventions …

“It Is A Strange Thing For Us To See Water Being Sold”: Local Perceptions Of The Fijian Bottled Water Industry, Jessica Dawn Ulrich

Graduate Student Theses, Dissertations, & Professional Papers

Despite the availability of affordable, clean water from taps in our homes, increasing numbers of people are willing to pay for the convenience of portable water, and to consume bottled water imported from an exotic location, such as Fiji. Consequently, FIJI Water, an American-owned multinational corporation, now constitutes approximately 29 percent of Fiji’s domestic exports. An important question that no one has asked to date is how do stakeholders in Fiji make sense of the rapidly growing bottled water industry? Examining how water is changing from a natural entitlement to a commodity throughout the world, and exploring how this is …

Assessing Accessible Transportation Options Using Gis In Missoula, Mt, Jillian Jo Jurica

Graduate Student Theses, Dissertations, & Professional Papers

Accessible transportation is an integral service for many people with disabilities and the elderly in order to live healthy and fulfilling lives. This thesis aims to give communities a way of assessing their accessible transportation services to determine if they are adequately providing transportation to these populations. In this project data was gathered through interviews with agencies that provide accessible transportation in Missoula, MT and the surrounding area. This data in conjunction with U.S. Census data was compiled and spatially analyzed using GIS to create maps to assess current accessible transportation and show where additional accessible transportation may be of …

An Assessment Of The Viability Of Landscan Data To Estimate Structure Location In Wildland Fire Management And Planning, Jeffrey Daniel Kaiden

Graduate Student Theses, Dissertations, & Professional Papers

Research indicates firefighting costs in the wildland-urban interface (WUI) are highly correlated with the number of homes threatened by wildfire. Therefore, knowing the location of structures is paramount for planners and fire managers attempting to reduce the threats posed to structures by wildfire, and for the attainment of land management goals and objectives for reducing hazardous fuels surrounding them. Yet, no national-level structure location dataset exists. Previous attempts, such as the SILVIS Lab’s product, to predict structure location and the extent of the WUI have relied on Census block-level data. While urban Census blocks are generally small in area, those …

Developing The Whole Child Through Movement In The Music Classroom, Laura Rosenberg Morris

Graduate Student Theses, Dissertations, & Professional Papers

The early twentieth century brought forth some very strong figures in the world of arts pedagogy. Among them were Carl Orff and Emile Jacque-Dalcroze. Both were composers as well as music educators. Both believed that in order for a musician to perform expressively rather than mechanically, one had to feel music in the body. Orff and Dalcroze followers today uphold these men’s idea that movement is an essential part of the music class. Seeking to feel more comfortable and knowledgeable about movement in teaching K-6 general music classes, I set out to research through books, films, my own movement experiences …

Karlsgrab: The Site And Significance Of Charlemagne’S Sepulcher In Aachen, John F. Moffitt

Quidditas

The intention of what follows is to clear up one of the mysteries still surrounding the Charles the Great, now most commonly known by his later appellation “Charlemagne.” Born in 742, the son of King Pepin the Short (ca. 714-768), Charlemagne ruled as king of the Franks after 768; he additionally ruled as Emperor of the West, from 800 until his death in 814. Sources in his time presented him as an emulator and successor of Constantine the Great, and successive Western Emperors presented their own personae as successors of Charlemagne. In 1165, 350 years after Charlemagne’s death, Emperor Frederick …

Mormon Cinema On The Web, Randy Astle

BYU Studies

Mormon cinema on the Internet is a moving target. Because change in this medium occurs so rapidly, the information presented in this review will necessarily become dated in a few months and much more so in the years to come. What I hope to provide, therefore, is a snapshot of online resources related to LDS or Mormon cinema near the beginning of their evolution. I believe that the Internet will become the next great force in both Mormon cinema and world cinema in general, if it has not already done so. Hence, while the current article may prove useful for …

The Faith And Reason Of Michael R. Ash, Stephen O. Smoot

Review of Books on the Book of Mormon 1989–2011

Review of Michael R. Ash. Of Faith and Reason: 80 Evidences Supporting the Prophet Joseph Smith.

Alexander In The Himalayas: Competing Imperial Legacies In Medieval Islamic History And Literature, Anna Akasoy

Publications and Research

In 1888, Rudyard Kipling published a collection of stories in a volume with the title The Phantom Rickshaw and Other Tales. The collection includes the short story The Man Who Would be King, in which Kipling's alter ego, a British journalist in India, makes the acquaintance of a pair of adventurers, Daniel Dravot and Peachey Carnehan, who demand his help as a fellow Mason. The two shady characters have set out to take advantage of divisions among the natives and are determined to install themselves as kings in Kafiristan, a remote region inhabited by pagans in the north of the …

Appendix K: Trireme Warfare In Xenophon’S Hellenika, Nicolle E. Hirschfeld

Classical Studies Faculty Research

The disaster at Syracuse (415-413) marked the effective end of Athenian naval supremacy. She would rebuild her fleets and continue to be a force, but Xenophon's account of the following half century tells of a hard-fought struggle among many contenders to dominate the Aegean Sea. Although in the ancient Mediterranean world geography and tradition favored islands and coastal cities as emergent sea powers, dominance could not be achieved without also having access to the vital resources of timber, manpower, and plenty of revenue. Thus the Persian king Artaxerxes and Jason of Pherai posed alarming threats to the traditional masters of …