Digital Commons Network^™

Deck2009, Robert Kelly

Robert Kelly Manuscripts

From December 2009 Robert Kelly Archive.

Deci2009, Robert Kelly

Robert Kelly Manuscripts

From December 2009 Robert Kelly Archive.

The Conduit, Volume 9, No. 2, December 2009, Annette Summers Engel

The KWI Conduit

Contents: Current Officers of the Karst Waters Institute -- Current Board Members -- Welcome to The Conduit -- President’s Corner -- 2010 Annual Awards Banquet -- KWI Happenings -- Karst Waters Institute Publications Now Available -- Recent KWI Activities at International Conferences -- Upcoming Karst Meetings -- Announcement for the William L. Wilson Scholarship -- Publications Order Form

Dec. 2009

NASIG Newsletter

No abstract provided.

How Do You Say No?, Emily Ford

Library Faculty and Staff Publications and Presentations

The article discusses ways on how to say a "no." It states that a person's ability to say "no" to taking a new project at work or another appointment affects the mental wellness and healthy work or life balance. William Ury, author of the book "The Power of a Positive No" argues that positive "no" affirms an individual's values and sends clear communication with others. It also provides various experiences of the other workers of how they approach in saying "no."

An Evaluation Of Potential Technologies For A Web Based Development Environment For Cs1 Students, Manuel Garcia

Computer Science and Software Engineering

The goal of this senior project was to design a web-based integrated development environment that would incorporate Web-CAT. Web-CAT is an automated testing tool designed by Stephen Edwards at Virginia Tech University, to help beginning students learn test-driven development. This tool runs on a server where a professor assigns usernames and passwords to students so they can submit code. This program can assist professors in grading, and students in showing errors in code. The development environment design waskept simple to create less confusion for beginning programming students. This development environment will be online to give all students universal access and …

Session Initiation Protocol Server Implementation For Linksys Routers, Matthew Duder

Computer Science and Software Engineering

Session Initiation Protocol (SIP) is a signaling protocol used for network-based media interaction. SIP Servers are required to process and forward requests and responses between end clients. Once connection setup is complete, the end clients utilize some other protocol (such as Real-Time Transport Protocol) to complete their task.

Such a server may be implemented and installed on routers. Unlike the SIP protocol, however, router development currently remains without standards. For this project, Linux-based residential-grade routers had their kernels replaced with an open source version. This allowed for installation of open-source development, such as a SIP server implementation.

This project led …

Redesigning Src2pkg, A Linux Package Creation Toolkit, Timothy Goya

Computer Science and Software Engineering

Package managers ease installation and removal of applications. However, as the name indicates, in order for a package manager to be useful, they need packages created from upstream sources to manage. This is the purpose of src2pkg, a toolkit written in Bash shell script which automates many package creation tasks. src2pkg, however, suffers from major design flaws that cripple its ability to package some exotic upstream sources. src2pkg-ng is a prototype redesign of src2pkg that eliminates these flaws. src2pkg-ng fully supports creating packages for Slackware and Slackware-compatible variants for at least 21 upstream sources with various levels of complexity. Debian …

Tsukahara: A Comprehensive Web Solution Designed To Simplify The Process Of Hosting A Gymnastics Meet., Jonathan Thomassian

Computer Science and Software Engineering

The process of setting up a gymnastics meet is long and complicated. Most meets organized today involve large amounts of paperwork by both organizing gyms and attending gyms. Tsukahara seeks to address this issue by providing a comprehensive web based solution, to make it easy for gyms to both host and attend meets.

Web 2.0 Application For A Large Proprietary Software Company, Justin Rollin Eakins

Computer Engineering

No abstract provided.

Exercise Power Grid Display And Web Interface, Alexander (Alex) Chernetz

Computer Engineering

The 2008-2009 expansion of the Recreation Center at Cal Poly includes three new rooms with cardiovascular fitness equipment. As part of its ongoing commitment to sustainable development, the new machines connect to the main power grid and generate power during a workout. This document explains the process of quantifying and expressing the power generated using two interfaces: an autonomous display designed for a television with a text size and amount of detail adaptable to multiple television sizes and viewing distances, and an interactive, more detailed Web interface accessible with any Java-capable computer system or browser.

Ipulse: December 2009, Lynn University

Student Newspapers

Issues:

• December 2, 2009
• December 3, 2009

Regularity Of Non-Characteristic Minimal Graphs In The Heisenberg Group ℍ1, Luca Capogna, Giovanna Citti, Maria Manfredini

Mathematics Sciences: Faculty Publications

Minimal surfaces in the sub-Riemannian Heisenberg group can be constructed by means of a Riemannian approximation scheme, as limit of Riemannian minimal surfaces. We study the regularity of Lipschitz, non-characteristic minimal surfaces which arise as such limits. Our main results are apriori estimates on the solutions of the approximating Riemannian PDE and the ensuing C∞ regularity of the sub-Riemannian minimal surface along its Legendrian foliation.

Figurational Dynamics And Parliamentary Discourses Of Living Standards In Ireland, Paddy Dolan

Articles

While the concept of living standards remains central to political debate, it has become marginal in sociological research compared to the burgeoning attention given to the topic of consumer culture in recent decades. However, they both concern how one does and should consume, and, indeed, behave at particular times. I use the theories of Norbert Elias to explain the unplanned but structured (ordered) changes in expected standards of living over time. This figurational approach is compared to other alternative explanations, particularly those advanced by Bourdieu, Veblen and Baudrillard. Though these offer some parallels with Elias’s theories, I argue that consumption …

An Environment That Fosters Shared Leadership And The Effects On Engineering Education: An Analysis And Proposed Structure, Brian J. Galli, Ray Luechtefeld

Engineering Management and Systems Engineering Faculty Research & Creative Works

Engineers must not only have design and technical skills, but they must also possess the ability to work in and lead teams, adopt and adapt to change, and act as leaders who can think in terms of the bigger picture. to develop these skills, engineering students must be actively involved in their education and trained to continually learn. Many engineering students have become accustomed to traditional forms of education, which can lead to passivity and dependence on faculty to tell them what to know and why they need to know it. Research in organizational behavior suggests a solution can lie …

Deadly Dilemmas Ii: Bail And Crime, Larry Laudan, Ronald J. Allen

Chicago-Kent Law Review

This is another in a series of papers examining the interaction between the implications of the deadly dilemma of governing that virtually all governmental action involves unavoidable conflict between equally laudatory goals and the conventional way of thinking about social errors. Typically the pursuit of any particular goal has as its consequence precisely the kind of harm that is desired to be avoided. For example, serious felons are sent to prison in part to protect innocent parties from their future predations, but those same felons often prey upon fellow prisoners, including murder. Moreover, felonies committed in prison only begin the …

The Roberts Court's Failed Innocence Project, Janet C. Hoeffel

Chicago-Kent Law Review

In this article, Professor Hoeffel discusses the Roberts Court's obvious struggle with its actual innocence jurisprudence. It is a struggle that was only theoretical in the days before DNA exonerations. While the Court had two opportunities to clarify the role of wrongful convictions in the criminal justice system, it has declined to do so. In House v. Bell, the Court ratcheted up the standard of proof for freestanding constitutional claims of innocence to a level no petitioner could understand, much less meet. Then, in District Attorney's Office for the Third Judicial District v. Osborne, the Court held that …

Taking Reasonable Doubt Seriously, Arnold H. Lowey

Chicago-Kent Law Review

In recent years, we have discovered a spate of factually innocent people who have been convicted. In this article, Professor Loewy contends that the failure of juries to take reasonable doubt seriously contributes to this phenomenon. Professor Loewy via an illustrative fictitious case explains that juries might be reluctant to give the defendant the benefit of a reasonable doubt because of their concern about putting dangerous criminals back on the street. He then asks whether we really want juries to take reasonable doubt seriously. Concluding that we do, he examines how we can do that. Loewy concludes that the best …

White Collar Innocence: Irrelevant In The High Stakes Risk Game, Ellen S. Podgor

Chicago-Kent Law Review

When one thinks of "wrongful convictions and reliability in the criminal justice process" one often thinks of street crime convictions of defendants later proven innocent through DNA or other scientific evidence. But this essay presents a new dimension to this issue—the white collar crime context. Three stories are considered here: Arthur Andersen LLP, Jamie Ois, and Jeffrey Skilling—all of whom proceeded to trial after criminal charges were brought against them. These three are contrasted with KPMG, Gene Foster, and Andrew Fastow, all of whom secured plea agreements or deferred prosecution agreements with reduced sentences and finite results. The concern here …

Second Thoughts On Damages For Wrongful Convictions, Lawrence Rosenthal

Chicago-Kent Law Review

After the DNA-inspired wave of exonerations of recent years, there has been widespread support for expanding the damages remedies available to those who have been wrongfully accused or convicted. In this article, Professor Rosenthal argues that the case for providing such compensation is deeply problematic, whether advanced in terms of no-fault or fault-based liability. Although a regime of strict liability is sometimes thought justifiable as a means of creating an economic incentive to scale back such liability-producing conduct to optimal levels, this rationale has little application to the criminal justice system. Instead, a regime of strict liability would operate as …

Intentional Wrongful Conviction Of Children, Victor Streib

Chicago-Kent Law Review

Intentional wrongful convictions in cases involving child offenders may occur when judges have insufficient evidence proving any crime by the child but feel a strong need for the courts to intervene in the child's life and behavior. They believe that the negative factors attached to such a status are worth suffering if the child gains entry into a desired state program. This is wrongfully convicting the child "for the child's own good." Juvenile court judges too often receive knowledge of the child's background and previous record prior to any trial or hearing in order to devise the best result for …

The Irrelevancy Of The Fourth Amendment In The Roberts Court, Thomas K. Clancy

Chicago-Kent Law Review

Since John Roberts Jr. became Chief Justice of the Supreme Court, there has been a measurable decline in the number of cases addressing Fourth Amendment questions. This article examines the reasons for that decline and predicts the substantial elimination of Fourth Amendment litigation in the Roberts Court. The prediction is based on several premises, including the lack of interest of the Justices on the Court concerning search and seizures principles and two significant recent cases, Pearson v. Callahan and United States v. Herring, which presage a significant decline in the number of lower court cases addressing the merits of …

Fourth Amendment Federalism And The Silencing Of The American Poor, Andrew E. Taslitz

Chicago-Kent Law Review

In Virginia v. Moore, police officers searched Moore incident to an arrest for a minor traffic infraction for which Virginia statutory law in fact prohibited arrest. The officers found cocaine on Moore's person, arresting him for that crime too. The United States Supreme Court ultimately found that the arrest for the traffic infraction and the subsequent search were valid under the federal Constitution's Fourth Amendment. Central to the Court's reasoning was its insistence that the state statute was irrelevant. Any contrary conclusion, explained the Court, would wrongly make the Fourth Amendment's meaning vary from place to place. Professor Taslitz …

Replacing The Exclusionary Rule: Fourth Amendment Violations As Direct Criminal Contempt, Ronald J. Rychlak

Chicago-Kent Law Review

The exclusionary rule, which bars from admission evidence obtained in violation of the Fourth Amendment's prohibition of unreasonable searches and seizures, is a bedrock of American law. It is highly controversial, but there seems to be no equally effective way to protect citizens' rights. This paper proposes that an admissibility standard be adopted that is in keeping with virtually every jurisdiction around the world other than the United States. Thus, before ruling evidence inadmissible, the court would consider the level of the constitutional violation, the seriousness of the crime, whether the violation casts substantial doubt on the reliability of the …

Melendez-Diaz And The Right To Confrontation, Craig M. Bradley

Chicago-Kent Law Review

In Crawford v. Washington, the Supreme Court overruled Ohio v. Roberts and adopted new law concerning the use of hearsay testimony at criminal trials. This was based on the Sixth Amendment's command that "In all criminal prosecutions the accused shall enjoy the right . . . to be confronted with the witnesses against him .. " On its face this provision seems to say that the accused has the right to cross-examine anybody who testifies for the prosecution at trial, whether as a live witness or through hearsay. The Supreme Court acknowledged much of this in Crawford, but …

Stacking In Criminal Procedure Adjudication;Symposium On Criminal Procedure: Judicial Proceedings, Luke M. Milligan

Chicago-Kent Law Review

The institutionalist branch of "Law and Courts" studies how judges incorporate institutional constraints into their decision-making processes. Congressional constraints on judicial review, as the literature currently stands, fall into one of two general classes: overrides and Court-curbing measures. This taxonomy, however, is incomplete. Neither overrides nor curbing measures are needed to explain the not uncommon situation where a policy-oriented Justice deviates from a preferred vote based on the belief that such a vote will prompt Congress to alter an "insulated base rule" in a way that disrupts the Justice's larger policy agenda. An "insulated base rule" is a Congressional policy …

No Tax For "Phantom Income": How Congress Failed To Encourage Responsible Housing Consumption With Its Recent Tax Legislation, Rue Toland

Chicago-Kent Law Review

In the midst of the recent housing crisis, Congress passed two key pieces of federal tax legislation in an attempt to stem the tide of foreclosures and prevent further economic collapse. These two bills, the Mortgage Forgiveness Debt Relief Act in 2007 and the Housing and Economic Recovery Act in 2008, both sought competing goals: lessening the harm to existing homeowners, and encouraging purchases by new homebuyers. However, neither bill adequately addressed one of the root causes of the housing crisis, namely homeowners obtaining mortgages that, for whatever reason, they could not afford. Indeed, the tax incentives these bills created …

Don't Bet On It: Casino's Contractual Duty To Stop Compulsive Gamblers From Gambling, Irina Slavina

Chicago-Kent Law Review

To address the problem of compulsive gambling, most states with commercial casinos have enacted statewide self-exclusion programs—a mechanism by which patrons petition to be physically removed from a casino if they are discovered on the premises. The casinos in the remaining states voluntarily instituted facility-based programs to assist problem gamblers in fighting their addiction.

But besides having any intended effect, these programs provided gamblers with a new ground for lawsuits—breach of contract. This note argues that neither states nor individual casinos should be liable to self-excluded patrons for breach of contract, even if they enter a casino and lose money …

Understanding Folk Dance And Gypsy Style In Selected Pieces For Clarinet And Piano By 20th Century Hungarian Composers: An Interpretive Guide, Jessica Vansteenburg

Glenn Korff School of Music: Dissertations, Theses, Student Creative Work, and Performances

Hungary has a long and rich history of folk music and dance. The clarinet has played a part in this history and remains a popular instrument in the country. Clarinet is most often associated with the verbunkos and is a regular member of the Gypsy band. The desire for composers of art music to compose in the folk tradition grew out of Hungarian nationalism in the 19th century and continued into the 20th century partly due to political pressures and the value of tradition in Hungarian music education.
Following a historical overview of the folk music and dance tradition in …

Table Of Cases

Mercer Law Review

No abstract provided.