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2009

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The Gatekeeping Behind Meritocracy: Voices Of Nyc High School Students, Arlene Melody Garcia Jan 2009

The Gatekeeping Behind Meritocracy: Voices Of Nyc High School Students, Arlene Melody Garcia

Dissertations, Theses, and Capstone Projects

Survey and focus group sampling of students in high achieving schools compared to lower achieving schools were used to examine why there are fewer black men graduating from high schools in New York City as well as high schools around the country compared to other groups of students. Race is disaggregated in order to look at the difference in achievement rates for African American, black Hispanic, African, and Afro-Caribbean men. The findings support the contention that foreign-born blacks do better academically than native blacks.

Focus groups consist of black males, females, and staff at six of the 12 schools; field …


Mechanistic Evaluation Of Rubblized Pcc Pavements, Yigong Ji Jan 2009

Mechanistic Evaluation Of Rubblized Pcc Pavements, Yigong Ji

JTRP Technical Reports

This report presents a mechanistic approach and procedures for determining layer coefficients to characterize the in-situ behaviors of rubblized pavements. This procedure was developed based on the 1993 AASHTO Pavement Design Guide utilizing Falling Weight Deflectometer (FWD) testing and in-place simulation using back-calculation layer modulus. In order to evaluate the rubblized pavement systematically, twelve constructed pavement sections were extensively tested by FWD annually after construction. The FWD data was processed using the proposed mechanistic procedure. In addition, statistical analysis was conducted to compare the pavement structure parameters each year, including layer coefficient and in-situ resilient modulus using Analysis of Variance …


Bigger, Better, Bolder : Reforming The Peace Corps To Withstand Criticism, Jessica Haas Jan 2009

Bigger, Better, Bolder : Reforming The Peace Corps To Withstand Criticism, Jessica Haas

Undergraduate Theses and Senior Projects

No abstract provided.


On Patents Of Human Biological Materials, Allyson M. Schmitt Jan 2009

On Patents Of Human Biological Materials, Allyson M. Schmitt

Undergraduate Theses and Senior Projects

No abstract provided.


Characterization Of G[Alpha]O And G[Alpha]I2 Proteins In The Regulation Of Alpha-2a Adrenergic Receptors : A Look At Sedation And Epileptiform Activity, Jenna Wald Jan 2009

Characterization Of G[Alpha]O And G[Alpha]I2 Proteins In The Regulation Of Alpha-2a Adrenergic Receptors : A Look At Sedation And Epileptiform Activity, Jenna Wald

Undergraduate Theses and Senior Projects

No abstract provided.


Table Of Contents Jan 2009

Table Of Contents

Georgia Law Review

No abstract provided.


What Does "Green" Mean?: Anthropogenic Climate Change, Geoengineering, And International Environmental Law, William D. Davis Jan 2009

What Does "Green" Mean?: Anthropogenic Climate Change, Geoengineering, And International Environmental Law, William D. Davis

Georgia Law Review

Dangerous anthropogenic interference with the climate is no longer merely impending-it is now inevitable. Surging fossil fuel use, combined with the failure of mitigation policies and the risk of positive feedback loops in the climate system, is generating interest in international,planetary- scale environmental engineering,known as geoengineering. Over the next few decades, nation-states are likely to engage in such activities as fertilizing marine biota with iron, injecting sulfur into the stratosphere,or deploying mirrors in outer space to counteract the effects of climate change. Such activities,however, risk environmental side effects and political instability, and could precipitate a backlash against geoengineering, which is …


Wheel Of Fortune: A Critique Of The "Manifest Imbalance" Requirement For Race-Conscious Affirmative Action Under Title Vii, Kenneth R. Davis Jan 2009

Wheel Of Fortune: A Critique Of The "Manifest Imbalance" Requirement For Race-Conscious Affirmative Action Under Title Vii, Kenneth R. Davis

Georgia Law Review

This Article criticizes the Supreme Court's requirement, under Title VII of the 1964 Civil Rights Act, that a voluntary affirmative action plan must seek to eliminate "a manifest imbalance in traditionally segregated job categories." Although supposedly advancing the goals of Title VII, the manifest imbalance requirement interferes with achieving those goals. It prevents civically conscientious employers from instituting affirmative action, while it does nothing to promote the values of equal employment opportunity, meritocracy, or fairness to non minority workers. For example, in Schurr v. Resorts International Hotel, Inc., 196 F.3d 486 (3d Cir. 1998), a hotel in Atlantic City adopted …


State-Created Property And Due Process Of Law: Filling The Void Left By Engquist V. Oregon Department Of Agriculture, Michael L. Wells, Alice E. Snedeker Jan 2009

State-Created Property And Due Process Of Law: Filling The Void Left By Engquist V. Oregon Department Of Agriculture, Michael L. Wells, Alice E. Snedeker

Georgia Law Review

Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a "class-of-one"equal protection theory, under which individuals charging that they were singled out for arbitrary treatment by officials may sue for vindication. Last term, in Engquist v. Oregon Department of Agriculture, the Court barred recourse to this type of claim on the part of government employees. The reasoning of Engquist, which emphasizes the discretionary nature of employment decisions, threatens to eliminate a wide range of class-of-one claims outside the employment area as well. There is a pressing need for an alternative. This Article proposes another basis on …


The Future Of Tourism In Aruba: Part One, Kevin S. Murphy Jan 2009

The Future Of Tourism In Aruba: Part One, Kevin S. Murphy

Dick Pope Sr. Institute Publications

Global issues dominated the discussion at the Aruba Timeshare Association (ATSA) sponsored think tank on visioning the future of Aruba. Global competition, global foreign policy, changing demographics and the global environment emerged as primary concerns by participants at the ATSA event on November 30, 2006. They also expressed major concerns over the lack of public-private cooperation to assist the Aruba tourism industry in addressing the challenges in these areas. Additionally, they also were quick to identify the lack of serious industry-wide leadership in moving the industry's collective level of understanding of these challenges to the next level. While discussion and …


2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis Jan 2009

2007-2008 Legislative Review, Nancy R. Hoffman, Robin C. Mcginnis

Animal Law Review

No abstract provided.


Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson Jan 2009

Reconciling People And Place In Housing And Community Development Policy Essay, Nestor M. Davidson

Faculty Scholarship

In housing and community development theory, scholars have long debated tensions between place-based policies and those that focus on fostering mobility. In practice, this is a false dichotomy and this essay explores ways in which place-based policies change the calculus of mobility, while mobility policies deeply shape both the communities people seek and those they leave behind.


Values And Value Creation In Public-Private Transactions , Nestor M. Davidson Jan 2009

Values And Value Creation In Public-Private Transactions , Nestor M. Davidson

Faculty Scholarship

Scholars have developed a significant body of literature exploring the work of deal lawyers with the essential insight that attorneys acting as transaction-cost engineers have unique potential to add to the overall value of deals. This value-creation literature has traditionally made two foundational assumptions about the role of the state in transactional law. First, scholars have assumed that regulation is essentially irrelevant to transacting-that from the deal lawyer's perspective, the government is a factor only to the extent that the state will enforce private agreements. Second, scholars have assumed that private parties uniformly view public policy as a constraint in …


Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter Jan 2009

Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter

Faculty Scholarship

This article proposes a new, functional explanation of the different roles of non-shareholder groups (particularly labor) in different corporate governance systems. The argument depends on the analysis of a factor that has so far received relatively little attention in corporate governance research: the level of shareholder influence on managerial decision making. Pro-employee laws mitigate holdup problems- opportunism from which shareholders benefit ex post, but which will deter firm-specific investment in human capital ex ante. Since holdup takes place within what is considered legitimate managerial business judgment and all shareholders (both majority and minority) are its financial beneficiaries, the degree of …


Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile Jan 2009

Making Sense Of Drug Regulation: A Theory Of Law For Drug Control Policy , Kimani Paul-Emile

Faculty Scholarship

This article advances a new theory of drug regulation that addresses two previously unexamined questions: how law-makers are able to regulate drugs differently irrespective of the dangers the drugs may pose and independent of their health effects, and the process followed to achieve this phenomenon. For example, although tobacco products are the leading cause of preventable death in the U.S. they can be bought and sold legally by adults, while marijuana, a substantially safer drug, is subject to the highest level of drug control. This article posits a conceptual model for making sense of this dissonance and applies this model …


Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout Jan 2009

Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout

Faculty Scholarship

This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …


The Writer-Of-Violence-As-School-Shooter Stereotype: How Columbine, Virginia Tech, And Public Fear Make Writing Violence Dangerous For Students, Matt Foy Jan 2009

The Writer-Of-Violence-As-School-Shooter Stereotype: How Columbine, Virginia Tech, And Public Fear Make Writing Violence Dangerous For Students, Matt Foy

Dissertations and Theses @ UNI

In a period when students, parents, teachers and administrators are bombarded with images related to school shooting attacks, efforts to prevent such attacks in the future and to identify students who pose a threat to school safety have intensified. These efforts to fight the seemingly mounting wave of school violence have contributed to the rise of stereotypes of what a school shooter looks, talks, and acts like. This study examines one of these stereotypes: the writer-of-violence-as-school-shooter stereotype. This stereotype, which gained attention after 1990s rampages such as those at Heath High School (Kentucky) and Columbine High School and became highly …


Performance Hero, Craig Derksen, Darren Hudson Hick Jan 2009

Performance Hero, Craig Derksen, Darren Hudson Hick

Contemporary Aesthetics (Journal Archive)

The Guitar Hero series of video games and their spin-offs have provided millions with a new way to interact with music. These games are not only culturally significant but also philosophically significant. Based on the way that these games allow people to interact with music we must decide that either playing a song in one of these games can be a legitimate performance of that song or that our current accounts of performance are inadequate.


Cavities' Identification Algorithm For Power Integrity Analysis Of Complex Boards, S. Cicerone, Antonio Orlandi, Bruce Archambeault, Samuel R. Connor, Jun Fan, James L. Drewniak Jan 2009

Cavities' Identification Algorithm For Power Integrity Analysis Of Complex Boards, S. Cicerone, Antonio Orlandi, Bruce Archambeault, Samuel R. Connor, Jun Fan, James L. Drewniak

Electrical and Computer Engineering Faculty Research & Creative Works

The analysis and the design of the Power Delivery Network (PDN) is crucial in the real world of high-speed and high-performance on-board systems. In this context, the Cavity Model (where facing portions of power bus are considered electromagnetic resonant cavities) can be used to study the generation and propagation of noise. Given a real-world board's layout, one of the primary requirements for the application of this technique is the geometrical identification of all the cavities and their connectivity. This paper is focused on the fully automatic generation of this geometrical dataset as part of an integrated tool for the analysis …


Expeditionary Learning, Angie Susag Jan 2009

Expeditionary Learning, Angie Susag

Graduate Student Theses, Dissertations, & Professional Papers

My final creative project began as an effort to be a quality educator who offered a memorable education to my students. I believe that students should be more involved with their education which is where my idea to research expeditionary learning came from. I had to design, plan and execute many activities in order to provide these expeditions. I planned a trip to Europe for the first expedition. This trip took place in the summer of 2008. I brought eight students along with two parents on this adventure. We went to London, Paris, Florence, Assisi, and Rome. This expedition proved …


The Anti-Case Method: Herbert Wechsler And The Political History Of The Criminal Law Course, Anders Walker Jan 2009

The Anti-Case Method: Herbert Wechsler And The Political History Of The Criminal Law Course, Anders Walker

All Faculty Scholarship

This article is the first to recover the dramatic transformation in criminal law teaching away from the case method and towards a more open-ended philosophical approach in the 1930s. It makes three contributions. One, it shows how Columbia Law Professor Herbert Wechsler revolutionized the teaching of criminal law by de-emphasizing cases and including a variety of non-case related material in his 1940 text Criminal Law and Its Administration. Two, it reveals that at least part of Wechsler's intention behind transforming criminal law teaching was to undermine Langdell's case method, which he blamed for producing a "closed-system" view of the law …


Cheney, Vice Presidential Power And The War On Terror, Joel K. Goldstein Jan 2009

Cheney, Vice Presidential Power And The War On Terror, Joel K. Goldstein

All Faculty Scholarship

It is generally conceded that Vice President Cheney has been our most influential vice president. During his two terms, the office assumed a significance which his predecessors, even those who themselves were quite significant, would not have thought possible. Whereas historically the vice presidency had been dismissed as too feeble, the Cheney vice presidency was attacked as too robust.

The unprecedented power of Cheney as vice president had many sources. One of them was the war on terror. It, of course, assumed an unexpected prominence after 9/11, and the war on terror contributed to Cheney’s ascendance and provided the political …


Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry Jan 2009

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

All Faculty Scholarship

As more work enters cyberspace, takes place in virtual worlds, and collapses traditional nation-state barriers, we are entering a new era of “virtual work.” In this article, I use “virtual work” as an umbrella term to encompass work in virtual worlds, crowdsourcing, clickworking, even sweeping in, to some degree, the commonplace telecommuting and “mobile executives” that have become ubiquitous over the past decade.Are such new forms of “work” entitled to the minimum payment standards mandated under the FLSA? As the United States enters another economic crisis, and with advances in technology key to continued economic growth and stability, these questions …


Organ Motion And Image Guidance In Radiation Therapy, Jining Zhou Jan 2009

Organ Motion And Image Guidance In Radiation Therapy, Jining Zhou

Theses and Dissertations

Organ motion and inaccurate patient positioning may compromise radiation therapy outcome. With the aid of image guidance, it is possible to allow for a more accurate organ motion and motion control study, which could lead to the reduction of irradiated healthy tissues and possible dose escalation to the target volume to achieve better treatment results. The studies on the organ motion and image guidance were divided into the following four sections. The first, the interfractional setup uncertainties from day-to-day treatment and intrafractional internal organ motion within the daily treatment from five different anatomic sites were studied with Helical TomoTherapy unit. …


Factors Contributing To Improved Teaching Performance, Whitney Ransom Mcgowan, Charles R. Graham Jan 2009

Factors Contributing To Improved Teaching Performance, Whitney Ransom Mcgowan, Charles R. Graham

Faculty Publications

This article focuses upon the quality and scholarship of teaching as it pertains to educational and faculty development. We outline what more than 200 faculty members at one institution have done over a 3-year period to make significant and sustained improvements in their teaching, surprisingly with minimal effort. The top three factors leading to improvement were active/practical learning, teacher/student interactions, and clear expectations/learning outcomes. We provide practical applications for change and suggestions for future research.


Carbon Dioxide Flooding Induced Geochemical Changes In A Saline Carbonate Aquifer, Alyssa Boock Jan 2009

Carbon Dioxide Flooding Induced Geochemical Changes In A Saline Carbonate Aquifer, Alyssa Boock

Theses and Dissertations

Carbon dioxide (CO2) has been injected into depleted oil reservoirs for enhanced oil recovery for several decades. Injection of CO2 into geologic formations in the Williston Basin is currently under consideration for long-term CO2 storage to reduce anthropogenic CO2 emissions to the atmosphere. The Madison Group in the North Dakota Williston Basin provides the greatest potential for geologic sequestration in either deep saline aquifers or depleted oil reservoirs. Little is known about the geochemical reactions that take place when supercritical carbon dioxide is injected into deep saline aquifers at geologic conditions similar to those found in potential sequestration units of …


Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph Jan 2009

Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt, Alon Harel, Ken Levy, Michael M. O'Hear, Alice Ristroph

Faculty Scholarship

In this Criminal Law Conversation (Robinson, Ferzan & Garvey, eds., Oxford 2009), the authors debate whether there is a role for randomization in the penal sphere - in the criminal law, in policing, and in punishment theory. In his Tanner lectures back in 1987, Jon Elster had argued that there was no role for chance in the criminal law: “I do not think there are any arguments for incorporating lotteries in present-day criminal law,” Elster declared. Bernard Harcourt takes a very different position and embraces chance in the penal sphere, arguing that randomization is often the only way to avoid …


Pot As Pretext: Marijuana, Race And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan Jan 2009

Pot As Pretext: Marijuana, Race And The New Disorder In New York City Street Policing, Amanda Geller, Jeffrey Fagan

Faculty Scholarship

Although possession of small quantities of marijuana has been decriminalized in New York State since the late 1970s, arrests for marijuana possession in New York City have increased more than tenfold since the mid-1990s, and remain high more than ten years later. This rise has been a notable component of the City’s “Order Maintenance Policing” strategy, designed to aggressively target low-level offenses, usually through street interdictions known as “Stop, Question, and Frisk” activity. We analyze data on 2.2 million stops and arrests carried out from 2004 to 2008, and identify significant racial disparities in the implementation of marijuana enforcement. These …


Legal Frameworks And Institutional Contexts For Public Consultation Regarding Administrative Action: The United States, Peter L. Strauss Jan 2009

Legal Frameworks And Institutional Contexts For Public Consultation Regarding Administrative Action: The United States, Peter L. Strauss

Faculty Scholarship

Written for a forthcoming book on e-governance and e-democracy, this essay summarizes the current state of play in electronic rulemaking in the United States. It thus focuses on a context in which the use of electronic consultation by “executive branch” actors engaged in policy-making has been developing for over a decade, and has reached a point of considerable, although not final maturity. Initially developed haphazardly, agency-by-agency, it is now (albeit with friction in the gears) moving towards a centralized regime. The practice is rarely consultative in the full sense the book as a whole will address; while the public is …


The Soap Box Development Of Wildlife Damage Management: A Personal Perspective, Walter E. Howard Jan 2009

The Soap Box Development Of Wildlife Damage Management: A Personal Perspective, Walter E. Howard

Human–Wildlife Interactions

No abstract provided.