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2009

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Judicial Review, Local Values, And Pluralism, Richard W. Garnett Jan 2009

Judicial Review, Local Values, And Pluralism, Richard W. Garnett

Journal Articles

At the Federalist Society's 2008 National Student Symposium, a panel of scholars was asked to consider the question, does pervasive judicial review threaten to destroy local identity by homogenizing community norms? The answer to this question is yes, pervasive judicial review certainly does threaten local identity, because such review can homogenize[e] community norms, either by dragging them into conformity with national, constitutional standards or (more controversially) by subordinating them to the reviewers' own commitments. It is important to recall, however, that while it is true that an important feature of our federalism is local variation in laws and values, it …


The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael S. Kirsch Jan 2009

The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael S. Kirsch

Journal Articles

This Article addresses the increasingly important role of administrative guidance in interpreting the United States' international treaty obligations. The relationship between administrative guidance and treaties raises important issues at the intersection of international law, constitutional law, and administrative law. These issues are explored in the context of the United States' extensive tax treaty network. Tax treaties play an important role in a global economy, attempting to reconcile the complex and ever-changing internal tax laws of different countries. The Treasury Department is considering the increased use of administrative guidance to interpret the meaning and application of tax treaties, particularly in response …


Public Bioethics And The Bush Presidency, O. Carter Snead Jan 2009

Public Bioethics And The Bush Presidency, O. Carter Snead

Journal Articles

Public bioethics figured prominently during the tenure of President George W. Bush. This Article explores the Bush legacy in this domain. It begins by articulating and examining the grounding norms of President Bush’s approach to public bioethics. Next, it analyzes how these norms were applied to concrete areas of concern. Building on this analysis, the next section reflects on what the President’s actions illustrate about the capacity of the Executive Branch to shape public bioethics. The Article concludes with a brief discussion of the possible metrics by which the Bush Administration’s efforts might be judged, and then offers several assessments …


Resilient Moduli Of Granular Base Materials Using A Modified Type 5 Gradation, David Newton Richardson, S. M. Lusher Jan 2009

Resilient Moduli Of Granular Base Materials Using A Modified Type 5 Gradation, David Newton Richardson, S. M. Lusher

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

The Missouri Department of Transportation (MoDOT) in collaboration with the Missouri Limestone Producers Association (MLPA) was interested in determining what effect a change in the Type 5 aggregate base gradation specification would have on the resilient modulus (Mr) of said aggregate. The proposed change would lower the minimum allowable total percentage of material passing the #4 (4.75 mm mesh) sieve from 35% to 25%, and the #30 (0.600 mm mesh) sieve from 10% to 5%. The remainder of the gradation specification would remain unchanged. The rationale for this proposed change is that some aggregate producers believe the change could help …


Resilient Moduli Of Typical Missouri Soils And Unbound Granular Base Materials, David Newton Richardson, Thomas M. Petry, Yu-Ning Louis Ge, Y. P. Han, S. M. Lusher Jan 2009

Resilient Moduli Of Typical Missouri Soils And Unbound Granular Base Materials, David Newton Richardson, Thomas M. Petry, Yu-Ning Louis Ge, Y. P. Han, S. M. Lusher

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

The objective of this project is to accurately determine the resilient moduli for common Missouri subgrade soils and unbound granular base materials in accordance with the AASHTO T 307 test method. The test results included moduli data from 27 common subgrade soils out of the 99 Missouri soil associations and from 5 unbound granular bases. These materials were tested at their optimum water content and at an elevated water content, which would normally occur as a worse case scenario during the life of a pavement. The five unbound granular base materials were tested at two different gradations (high and low …


Quick Test For Percent Of Deleterious Material, David Newton Richardson Jan 2009

Quick Test For Percent Of Deleterious Material, David Newton Richardson

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

The Missouri Department of Transportation (MoDOT) is considering the replacement of its deleterious materials test method (TM-71) with test methods that are more objective. MoDOT contracted with the Missouri University of Science and Technology (Missouri S&T) to develop a system of test methods. Nine quarry/ledge samples representing seven geologic formations (four limestones and three dolomites) were supplied by MoDOT. The ledge samples represented three aggregates each for use in concrete, asphalt, and granular base. Samples with controlled contamination were also tested, bringing the total to 18. The aggregates were subjected to fifteen test methods. This data, coupled with MoDOT historical …


Eating The Allegory, Nicola Kountoupes Jan 2009

Eating The Allegory, Nicola Kountoupes

Theses

This project explores imagery, sense memory, and performance through the intersection of an event and the objects within it and at its periphery. The archaeological dig provides the emotional and intellectual setting for discovery, history, and cultural identity, as well as an outlet for creation (of new memories) and desire (for knowledge). The performance elements of the show, including roles portrayed by audience and participants, provide the uncertain layout and improvisational aspect that relies on people coming together in a moment that is unique. The ephemeral nature of a moment lends itself to construction of memory, so that it will …


A Framework For Data Decay In Client-Server Model, Matthew Taber Jan 2009

A Framework For Data Decay In Client-Server Model, Matthew Taber

Theses

Data breach incidents are a growing concern in both the private and public sector. As an increasing amount of sensitive information is made available through information systems, the number of occurrences and the potential damage as a result of these breaches will continue to expand. There is a clear need for a framework to mitigate the dangers of leaking data while simultaneously allowing authorized individuals to gain access to necessary information. This thesis presents the concept of data decay, applied to a client-server model for retrieval of sensitive data. In this framework, files tagged by the framework and stored on …


Understanding Malware Autostart Techniques With Web Data Extraction, Matthew Gottlieb Jan 2009

Understanding Malware Autostart Techniques With Web Data Extraction, Matthew Gottlieb

Theses

The purpose of this study was to investigate automatic execution methods in Windows operating systems, as used and abused by malware. Using data extracted from the Web, information on over 10,000 malware specimens was collected and analyzed, and trends were discovered and presented. Correlations were found between these records and a list of known autostart locations for various versions of Windows. All programming was written in PHP, which proved very effective. A full breakdown of the popularity of each method per year was constructed. It was found that the popularity of many methods has varied greatly over the last decade, …


The Application Of Social Marketing In Reducing Binge Drinking Among Female College Students: An Investigation Of A Third Level College In Cork, Fergus Murphy Jan 2009

The Application Of Social Marketing In Reducing Binge Drinking Among Female College Students: An Investigation Of A Third Level College In Cork, Fergus Murphy

Theses

Ireland has one of the highest levels of alcohol consumption in the EU, consuming 10.6 litres of pure alcohol per person in 2003, increasing to 13.4 litres in 2006. This rise in consumption has led to increases in alcohol-related harm and disease, and has resulted in more than 1,775 deaths according to the Health Research Board (Mongan et al., 2007). In general, increases in overall consumption are accompanied by a greater incidence of health and social problems. In addition to the high volume of alcohol consumed by people in Ireland, drinking occasions appear to be strongly related to heavy episodic …


Customer Satisfaction : The Case Study Of A Service Company, Emre Ilkme Jan 2009

Customer Satisfaction : The Case Study Of A Service Company, Emre Ilkme

Theses

This research was undertaken in Derichebourg Multi services to gain an understanding of customer satisfaction. Customer satisfaction and improving the customer service are important as this serves to create loyal customers in the business, since market competition has increased. If a company fails to respond to the customer needs and expectations, the satisfaction will not be provided and so customers will lose loyalty to the company and may eventually change the companies altogether. Thus, the importance of customer satisfaction and related subjects has been highlighted in this research. Satisfaction causes have been identified and the recommendations made to increase the …


Cross-Verified, Combined Methodologies For High Frequency Electrical Characterisation Of Electronic Packaging, Eoin Mcgibney Jan 2009

Cross-Verified, Combined Methodologies For High Frequency Electrical Characterisation Of Electronic Packaging, Eoin Mcgibney

Theses

Methodologies for cross-verified, wide bandwidth (50MHz-20GHz) electrical model extraction for as-manufactured electronic packaging and interconnection are presented. They are presented in the context that packaging and interconnection is now following a rapidly-evolving Moore’s-type Law in terms of new generations of packaging and interconnection materials, technologies and manufacturing processes. Significant frequency content is also increasing while, at the same time, final product cost constraints mean that packages and circuit boards must typically be manufactured using low cost materials and mass-manufacturing processes, often geographically remote, with their inherently higher levels of variability. Wide bandwidth signal integrity analysis cannot be performed during electronic …


The Surplus Woman: Unmarried Women In Imperial Germany, Catherine L. Dollard Jan 2009

The Surplus Woman: Unmarried Women In Imperial Germany, Catherine L. Dollard

Faculty Publications

No abstract provided.


Catalog Denison University 2009-2010 Jan 2009

Catalog Denison University 2009-2010

Denison University Catalogs

Denison University Course Catalog 2009-2010


Measuring Offshore Outsourcing And Offshoring: Problems For Economic Statistics, Susan N. Houseman Jan 2009

Measuring Offshore Outsourcing And Offshoring: Problems For Economic Statistics, Susan N. Houseman

Employment Research Newsletter

No abstract provided.


Dc Electrokinetic Transport Of Cylindrical Cells In Straight Microchannels, Ye Ai, Ali Beskok, David T. Gauthier, Sang W. Joo, Shizhi Qian Jan 2009

Dc Electrokinetic Transport Of Cylindrical Cells In Straight Microchannels, Ye Ai, Ali Beskok, David T. Gauthier, Sang W. Joo, Shizhi Qian

Biological Sciences Faculty Publications

Electrokinetic transport of cylindrical cells under dc electric fields in a straight microfluidic channel is experimentally and numerically investigated with emphasis on the dielectrophoretic (DEP) effect on their orientation variations. A two-dimensional multiphysics model, composed of the Navier-Stokes equations for the fluid flow and the Laplace equation for the electric potential defined in an arbitrary Lagrangian-Eulerian framework, is employed to capture the transient electrokinetic motion of cylindrical cells. The numerical predictions of the particle transport are in quantitative agreement with the obtained experimental results, suggesting that the DEP effect should be taken into account to study the electrokinetic transport of …


Facial Skin Motion Properties From Video: Modeling And Applications, Vasant Manohar Jan 2009

Facial Skin Motion Properties From Video: Modeling And Applications, Vasant Manohar

USF Tampa Graduate Theses and Dissertations

Deformable modeling of facial soft tissues have found use in application domains such as human-machine interaction for facial expression recognition. More recently, such modeling techniques have been used for tasks like age estimation and person identification. This dissertation is focused on development of novel image analysis algorithms to follow facial strain patterns observed through video recording of faces in expressions. Specifically, we use the strain pattern extracted from non-rigid facial motion as a simplified and adequate way to characterize the underlying material properties of facial soft tissues. Such an approach has several unique features. Strain pattern instead of the image …


You Can Steal Her Virginity But Not Her Doll: The Nineteenth Century Campaign To Raise The Legal Age Of Sexual Consent, J. Shoshanna Ehrlich Jan 2009

You Can Steal Her Virginity But Not Her Doll: The Nineteenth Century Campaign To Raise The Legal Age Of Sexual Consent, J. Shoshanna Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article examines the 19th-century campaign to raise the age of sexual consent, driven by reformers who sought to protect young girls from exploitation and encode moral values into law. They argued that girls lacked the maturity to consent to sex and that losing virginity was a significant life-altering event. The campaign reflects both protective intentions and efforts to control female sexuality, particularly among working-class girls.


Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman Jan 2009

Bound By Injustice: Challenging The Use Of Shackles On Incarcerated Pregnant Women, Dana Sussman

Cardozo Journal of Equal Rights & Social Justice

The use of shackles to restrain a pregnant woman during the birthing process is a barbaric practice that needlessly inflicts excruciating pain and humiliation. It is widely condemned by members of the international community, including leading medical and public health associations. Although human rights advocates have effected significant policy change in the past ten years to eliminate the use of shackles on women in labor, it remains routine practice in many American prisons and jails. Reproductive rights advocates should consider this a reproductive justice issue and build on the gains of the human rights community to bring legal claims challenging …


What To Expect: Legal Developments And Challenges In Reproductive Justice Jan 2009

What To Expect: Legal Developments And Challenges In Reproductive Justice

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


The Women's Right To Participate In The Game Of Baseball, David Fintz Jan 2009

The Women's Right To Participate In The Game Of Baseball, David Fintz

Cardozo Journal of Equal Rights & Social Justice

The note argues that women have historically been excluded from participating in baseball due to gender discrimination, which violates the Equal Protection Clause of the Fourteenth Amendment and Title IX. It critiques the narrow interpretation of state action in cases like Magill v. Avonworth Baseball Conference and advocates for broadening this doctrine to include youth organizations. The author proposes legal reforms, such as amending Little League charters, to ensure girls' inclusion in baseball programs. By addressing these legal barriers, the article suggests that girls can achieve greater opportunities in baseball, following the success of female athletes in other sports.


Annotated Legal Bibliography On Gender Jan 2009

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Henkle V. Gregory: A Landmark Struggle Against Student Gay Bashing, Armen H. Merjian Jan 2009

Henkle V. Gregory: A Landmark Struggle Against Student Gay Bashing, Armen H. Merjian

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


A Safe Haven For Nixzmary Brown, Chantal L. Hamlin Jan 2009

A Safe Haven For Nixzmary Brown, Chantal L. Hamlin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Annotated Legal Bibliography On Gender Jan 2009

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Principals' Perceptions Of School Librarians, Donna M. Shannon Jan 2009

Principals' Perceptions Of School Librarians, Donna M. Shannon

Faculty Publications

No abstract provided.


A Survey Of Microform Users, Clayton A. Copeland Phd, Jefrey Naidoo, Charles Curran, Eugene Mcclain, Barbara Montgomery, Patrick Roughen Jan 2009

A Survey Of Microform Users, Clayton A. Copeland Phd, Jefrey Naidoo, Charles Curran, Eugene Mcclain, Barbara Montgomery, Patrick Roughen

Faculty Publications

No abstract provided.


Superposition Formulas For Darboux Integrable Exterior Differential Sys-Tems, Ian M. Anderson, Mark E. Fels, Peter J. Vassiliou Jan 2009

Superposition Formulas For Darboux Integrable Exterior Differential Sys-Tems, Ian M. Anderson, Mark E. Fels, Peter J. Vassiliou

Mathematics and Statistics Faculty Publications

In this article we solve an inverse problem in the theory of quotients for differential equations. We characterize a family of exterior differential systems that can be written as a quotient of a direct sum of two associated systems that are constructed from the original. The fact that a system can be written as a quotient can be used to find the general solution to these equations. Some examples are given to demonstrate the theory.


The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler Jan 2009

The Unmerry Widow: Spousal Disinheritance And Life Insurance In North Carolina, Jeffrey S. Kinsler

Law Faculty Scholarship

In spite of our nation’s long-held public policy of protecting surviving spouses, some people purposely disinherit their spouses. For centuries, North Carolina more or less tolerated intentional spousal disinheritance. In 1959, in an effort to protect surviving spouses from deliberate disinheritance, North Carolina adopted a “right of dissent” statute that authorized a surviving spouse to renounce the decedent spouse’s will and receive a statutorily prescribed share (ranging from one-sixth to one-half) of the decedent spouse’s probate estate. Because the dissent statute was limited to the decedent spouse’s probate estate, it was easily circumvented through the use of non-probate transfers. In …


Confronting The State Budget And Establishing Quality-Of-Life Benchmarks In Illinois: Results And Analysis Of The Paul Simon Public Policy Institute 2008 Statewide Poll, Charles W. Leonard Jan 2009

Confronting The State Budget And Establishing Quality-Of-Life Benchmarks In Illinois: Results And Analysis Of The Paul Simon Public Policy Institute 2008 Statewide Poll, Charles W. Leonard

The Simon Review (Occasional Papers of the Paul Simon Public Policy Institute)

In Fall 2008, The Paul Simon Public Policy Institute at Southern Illinois University Carbondale conducted its first statewide public opinion survey since 2004. Topics included the general direction of the country, the state, and respondents’ respective areas of the state; benchmark quality of life measures for education, public safety, the environment, and the economy; opinions on important public issues, such as a proposal to amend the Illinois Constitution to allow recall of statewide elected officials and the proposed Constitutional Convention; and opinions on judicial selection issues in the state. By far the most newsworthy section of the survey, released October …