Digital Commons Network^™

Revisiting The Thames Formula: The Evolving Role Of The International Maritime Organization And Its Member States In Implementing The 1982 Law Of The Sea Convention, Craig H. Allen

Articles

Despite the findings that marine casualty rates have "plummeted" and the safety record of the oil transport industry has "significantly improved," high visibility pollution incidents in the last decade like those involving the tankers Erika and Prestige off the coast of Europe, together with the chronic problems of illegal and unregulated fishing and dismal labor conditions for many seafarers led a United Nations-chartered consultative group of leading international organization representatives to conclude that there is an "urgent" need to improve State performance in the implementation and enforcement of the international maritime legal regime.

There is less agreement, however, in how …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

Articles

In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …

Are "Better" Security Breach Notification Laws Possible?, Jane K. Winn

Articles

This Article will evaluate the provisions of California's pioneering security breach notification law (SBNL) in light of "better regulation" or "smart regulation" criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs.

Just as environmental laws can be used to reduce externalities created through the …

Globalization And Standards: The Logic Of Two-Level Game, Jane K. Winn

Articles

The emergence of a global information architecture has fueled regulatory competition among nations and regions to set information and communication technology (“ICT”) standards. Such regulatory competition can be thought of as a two level game: level one is competition to set ICT standards within a nation or region; level two is competition to set the global ICT standards with reference to local standards.

The United States and the European Union are global leaders in setting ICT standards, and compete to set global ICT standards based on different local regulatory cultures: the U.S. is a “liberal market economy” (“LME”) within which …

Defusing The "Atom Bomb" Of Patent Litigation: Avoiding And Defending Against Allegations Of Inequitable Conduct After Mckeeson Et Al., Sean M. O'Connor

Articles

The doctrine of inequitable conduct in patent law has a long and vexing history. While it is sometimes mistakenly conflated with the United States Patent and Trademark Office's Rule 56, the doctrine is actually a purely equitable one established by the Supreme Court in 1945—and not revisited by it since then.

This Article re-establishes the roots and proper context of the doctrine, while tracing its confused interactions with Rule 56 over the ensuing decades. The Article reaffirms the necessary balancing act between over and under disclosure of references during patent prosecution, and the inverse sliding scale relationship of materiality and …

Effects Of Community Of Practice And Knowledge Translation Strategies On Nurse Practitioners' Knowledge And Practice Behavior, Helen M. Holman

UNF Graduate Theses and Dissertations

Background: Emerging evidence suggests that interactive CE activities will have the most effect in terms of knowledge and practice. Using technology to provide interactivity via computer-based applications is as effective an educational strategy as traditional education formats.

Methods: A randomized controlled trial was conducted to test the effectiveness and satisfaction of educational activities provided within an online community of practice(CoP) on nurse practitioner (NP) knowledge and practice behavior. The online interactive website combined certified continuing education, professional forum, Ask-the-Experts, national guideline links, patient education tools, and professional resources. A Two-Group Control Group design was used. Study participants were assessed on …

A Comparison Of Methods For Generating Bivariate Non-Normally Distributed Random Variables, Jaimee E. Stewart

UNF Graduate Theses and Dissertations

Many distributions of multivariate data in the real world follow a non-normal model with distributions being skewed and/or heavy tailed. In studies in which multivariate non-normal distributions are needed, it is important for simulations of those variables to provide data that is close to the desired parameters while also being fast and easy to perform. Three algorithms for generating multivariate non-normal distributions are reviewed for accuracy, speed and simplicity. They are the Fleishman Power Method, the Fifth-Order Polynomial Transformation Method, and the Generalized Lambda Distribution Method. Simulations were run in order to compare the three methods by how well they …

College Readiness And Academic Successes For Arts Magnet And Traditional High School Graduates, Dianne Crum Dawood

UNF Graduate Theses and Dissertations

The purpose of this study was to explore the effectiveness of the arts magnet high school in preparing its graduates for college readiness from the threshold of college admission (high school grade point average and achievement scores) through matriculation to the type of baccalaureate degree awarded.

The setting was 15 public arts magnet high schools and 15 randomly-selected public traditional high schools and the Florida State University System of 11 postsecondary institutions. The research population was four 6-year cohorts of graduates of the 30 high schools in the present study (N = 8,967). Logistic and linear regression techniques, college …

The Effect Of Moral Distress On Nursing Retention In The Acute Care Setting, Cynthia L. Cummings

UNF Graduate Theses and Dissertations

This descriptive study explored the relationship between moral distress, professional stress and intent to stay in the hospital setting. The study involved 234 nursing participants and was conducted via an online survey over a 90 day period. The survey tool consisted of 51 items taken from known moral distress, professional stress and intent to stay tools. The items were divided into frequency and intensity of occurrence. Various statistical measures were utilized to conclude that moral distress and professional stress factors were significant (p

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Does Filtering Stop The Flow Of Valuable Information: A Case Study Of The Children's Internet Protection Act (Cipa) In South Dakota, Candice J. Spurlin, Patrick M. Garry

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

State V. Buchhold: The South Dakota Supreme Court Fails To Recognize A De Facto Life Sentence As The Functional Equivalent Of A Life Sentence When Determining Gross Disproportionality, Joseph A. Kippley

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Burley V. Kytec Innovative Sports Equipment, Inc.: Expert Testimony In Strict Products Liability Cases In South Dakota, Joseph M. Dylla

South Dakota Law Review

No abstract provided.

The Income Tax Exclusion Of The Housing Allowance For Ministers Of The Gospel Per I.R.C. Section 107: First Amendment Establishment Of Religion Of Free Exercise Thereof - Where Should The Warren Court Have Gone, John R. Dorocak

South Dakota Law Review

No abstract provided.

Title Page, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Indian Gaming And Beyond: Tribal Economic Development And Diversification, Alan P. Meister, Kathryn R. Rand, Steven Andrew Light

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Masthead, South Dakota Law Review

South Dakota Law Review

No abstract provided.

More Questions Than Answers: Plains Commerce Bank V. Long Family Land And Cattle Company, Inc. And The U.S. Supreme Court's Failure To Define The Extent Of Tribal Civil Authority Over Nonmembers On The Non-Indian Land, Lisa M. Slepnikoff

South Dakota Law Review

No abstract provided.

Wind Energy In Indian Country: A Study Of The Challenges And Opportunities Facing South Dakota Tribes, Patrick M. Garry, Candice J. Spurlin, Derek A. Nelsen

South Dakota Law Review

No abstract provided.

Gaming Goldmines Grow Green: Limited Gaming, Good Faith Negotiations, And The Economic Impact Of The Indian Gaming Regulatory Act In South Dakota, Brooke Delores Swier

South Dakota Law Review

No abstract provided.

A Study Of Constructivist Career Development, Empowerment, Indecision, And Certainty, Nicole R. Skaar, Tabitha L. Grier-Reed, Lorien B. Parson

Faculty Publications

In times of uncertainty and change where the job market is fluid and the U.S. economy is weak, students need to feel empowered to construct their lives and forge their career paths. Constructivism has been suggested as one way to empower people. The current study explored outcomes in constructivist career courses using a quasi-experimental pre/post-test design. The empowerment, indecision, and certainty of 115 culturally diverse college students were measured using the Career Decision Self-Efficacy Scale-Short Form (CDSE-SF) and the Career Decision Scale (CDS). Results indicated that students in the career courses showed significant increases in empowerment and certainty and significant …

A Working Conference On Students With Disabilities In Stem Coursework And Careers, Audrey C. Rule, Greg P. Stefanich, Charlotte W. Haselhuhn, Belinda Peiffer

Faculty Publications

Background: Few teachers and special education specialists are aware of the materials and resources available to support science; technology; engineering; and mathematics instruction for the scattered and isolated 3000 students with sensory and motor disabilities in Iowa's K-12 schools. Additionally; faculty at many community colleges and regent institutions are not aware of possible accommodations for their students with disabilities who have interests in pursuing STEM careers. Unfortunately; this often leads to discouragement and lack of success for students with motor or sensory disabilities. This conference brings together experts and conference attendees involved in instruction; support; or transitions for these students …

Contributions Of Family Leisure To Family Functioning Among Families That Include Children With Developmental Disabilities, Dorthy C. H. Dodd, Ramon Zabriskie, Mark A. Widmer, Dennis Eggett

Faculty Publications

The purpose of this study was to examine the relationship between family leisure involvement and family functioning among families that include children with developmental disabilities. The sample consisted of 144 families (144 parents and 60 youth). Data were analyzed from the parent, youth, and family perspective. The Family Leisure Activity Profile (FLAP) was used to measure family leisure involvement. FACES II was used to measure family functioning. A scale based upon the definition, classification, and systems of support manual of the American Association on Mental Retardation adapted by Dyches was used to measure the level of support needed by the …

The Cmc Interactivity Model: How Interactivity Enhances Communication Quality And Process Satisfaction In Lean-Media Groups, Paul Benjamin Lowry, Nicholas C. Romano Jr., Jeffrey L. Jenkins, Randy W. Guthrie

Faculty Publications

Process satisfaction is one important determinant of work group collaborative system adoption, continuance, and performance. We explicate the computermediated communication (CMC) interactivity model (CMCIM) to explain and predict how interactivity enhances communication quality that results in increased process satisfaction in CMC-supported work groups. We operationalize this model in the challenging context of very large groups using extremely lean CMC. We tested it with a rigorous field experiment and analyzed the results with the latest structural equation modeling techniques. Interactivity and communication quality dramatically improved for very large groups using highly lean CMC (audience response systems) over faceto- face groups. Moreover, …

The Inextinguishable Longing For Elsewhere: Escapism In Recent Pulitzer Prize Winning Novels, Charles Barton Wynn

Honors Theses

In reading a selection of Pulitzer Prize winning literature since 1980,1 found that many of the novels included characters who, either literally or metaphorically, longed to escape from the reality of their lives. Four novels in particular embodied this theme: The Amazing Adventures of Kavalier and Clay by Michael Chabon, The Brief Wondrous Life of Oscar Wao by Junot Diaz, Martin Dressier: The Tale of an American Dreamer by Steven Millhauser, and The Road by Cormac McCarthy. All four books treated escape and escapism ambiguously-sometimes escape is a flaw; sometimes escape is a virtue. Upon closer readings of the four …

Research Design And Statistical Applications, Grayson Holmbeck, Kathy Zebracki, Katie Mcgoron

Psychology: Faculty Publications and Other Works

What is the role of research in the field of pediatric psychology? To answer this question, it is useful to imagine what clinical practice would be like if we had no research foundation for our work. Without such a foundation, practitioners would have no basis for suggesting specific interventions or understanding why some interventions are successful and why others fail. Similarly, without a research foundation, assessments conducted with children would be based on unstandardized assessment methods, and no normative data would be available. Clearly, most of us would agree that scientific research is the foundation of pediatric psychology, including all …