Digital Commons Network^™

The False Promise Of Retributive Proportionality, Aya Gruber

Publications

No abstract provided.

Deregulation Pas De Deux: Dual Regulatory Classes Of Financial Institutions And The Path To Financial Crisis In Sweden And The United States, Erik F. Gerding

Publications

This article presents the following model of two regulatory classes of financial institutions interacting in financial and political markets to spur deregulation and riskier lending and investment, which in turn contributes to the severity of a financial crisis: 1) Regulation creates two categories of financial institutions. The first class faces greater restrictions in lending or investment activities but enjoys regulatory subsidies, such as an explicit or implicit government guarantee, while the second class is more loosely regulated and can make riskier loans or investments and earn additional profits. 2) These additional profits leads to calls for deregulation to enable the …

Telling Through Type: Typography And Narrative In Legal Briefs, Derek H. Kiernan-Johnson

Publications

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential. The …

Energy Justice And Sustainable Development, Lakshman Guruswamy

Publications

Sustainable Development ("SD")--an expression of distributive justice--is the foundational premise of international energy and environmental law. It posits that international answers to environmental and energy problems cannot be pursued as independent and autonomous objectives but must be addressed within the framework of economic and social development. SD has been politically institutionalized in the Millennium Development Goals and a plethora of significant international instruments. Perhaps more importantly from a legal standpoint, SD is unequivocally codified, in the most widely accepted international energy and environmental treaties. This Article affirms the importance and continuing applicability of SD to the "other" third of the …

Contingent Equal Protection: Reaching For Equality After Ricci And Pics, Jennifer S. Hendricks

Publications

The Supreme Court's decision in Parents Involved in Community Schools v. Seattle School District #1 has been extensively analyzed as the latest step in the Court's long struggle with the desegregation of public schools. This Article examines the decision's implications for the full range of equal protection doctrine dealing with benign or remedial race and sex classifications. Parents Involved revealed a sharp division on the Court over whether government may consciously try to promote substantive equality. In the past, such efforts have been subject to an equal protection analysis that allows race-conscious or sex-conscious state action, contingent on existing, de …

Substitution Effects: A Problematic Justification For The Third-Party Doctrine Of The Fourth Amendment, Blake Ellis Reid

Publications

In the past half-century, the Supreme Court has crafted a vein of jurisprudence virtually eliminating Fourth Amendment protection in information turned over to third parties - regardless of any subjective expectation of privacy or confidentiality in the information on the part of the revealer. This so-called “third-party” doctrine of the Fourth Amendment has become increasingly controversial in light of the growing societal reliance on the Internet in the United States, where nearly every transaction requires a user to turn information over to at least one third party: the Internet service provider (“ISP”).

Citing the scholarship that has criticized the third-party …

Reviving Employee Rights - Recent And Upcoming Employment Discrimination Legislation: Proceedings Of The 2010 Annual Meeting Of The Association Of American Law Schools Section On Employment Discrimination Law, Scott A. Moss, Sandra Sperino, Robin R. Runge, Charles A. Sullivan

Publications

No abstract provided.

Colorado Legal Ethics: Guide To Resources, Robert M. Linz

Publications

No abstract provided.

A Methodology To Estimate The Future Extent Of Dryland Salinity In The Southwest Of Western Australia, Peter Caccetta, Robert Dunne, Richard J. George, Don J. Mcfarlane

Natural Resources Research Articles

In the southwestern agricultural region of Western Australia, the clearing of the original perennial vegetation for annual vegetation-based dryland agriculture has lead to rising saline groundwater levels. This has had effects such as reduced productivity of agricultural land, death of native vegetation, reduced stream water quality and infrastructure damage. These effects have been observed at many locations within the 18 million ha of cleared land. This has lead to efforts to quantify, in a spatially explicit way, the historical and likely future extent of the area affected, with the view to informing management decisions. This study was conducted to determine …

Using Soil-Borne Polycyclic Aromatic Hydrocarbons (Pahs) And Organic Carbon In Soil For Projecting Pollution States Of Pahs In Ambient Air, Chika Yamaguchi

Open Access Theses & Dissertations

Polycyclic Aromatic Hydrocarbons (PAHs) are of environmental concern due to their ubiquitous nature, long-range transport, long half-lives, and toxicity. PAHs enter the environment as a consequence of incomplete combustion and cause adverse health effects. Because they are omnipresent pollutants, PAH distribution is not only a local issue, but also a global issue. Therefore, monitoring PAHs in ambient air and identifying their sources and distribution patterns have tremendous importance in assessing public health. However, sampling and analyzing airborne PAHs with conventional methods is time consuming and costly. In addition, an active sampling method remains unfeasible in many cases because it requires …

Systematics Of The Genus Ptychadena Boulenger, 1917 (Anura: Ptychadenidae) From Democratic Republic Of The Congo, Katrina Marie Weber

Open Access Theses & Dissertations

This thesis increases the scope of previous phylogenetic analyses that revealed high levels of genetic differentiation within the anuran genus Ptychadena. Herein, I increase sampling of Central African populations of Ptychadena by over six times to examine their relationships to other African populations and to search for cryptic species. This study represents the most comprehensive molecular phylogeny of Ptychadena to date. A total of three mitochondrial (12S, 16S, and cyt b) and two nuclear (RAG1 and rhodopsin) genes were sequenced for 67 specimens of Ptychadena. Maximum parsimony, maximum likelihood, and Bayesian analyses were conducted. These analyses revealed …

Observer-Dependent Model For Analyzing Subjective Parameters In Epidemiology, Milad Zarei

Open Access Theses & Dissertations

Although medical technologies for preventing the contagion and spread of infectious diseases have improved steadily throughout the last century, new infectious diseases are still emerging and spreading swiftly. The modeling of infectious disease spread is crucial in addressing the lack of predictive ability in epidemiology. Managing the spread of infectious diseases requires processing quantitative epidemiological data and the ability to capture the dynamics of the infectious disease in order to provide a measure of control.

In this thesis, I have introducing cognitive biases in diseases spread modeling. For the first time, to the author's knowledge, the human subjective experience has …

Neighborhood Deprivation, Neighborhood Aculturation, And The Retail Food Environment In A U.S.-Mexico Border Urban Area, Teresa Mercedes Anchondo

Open Access Theses & Dissertations

The prevalence of obesity in the United States is increasing at a rapid rate, and is the result of an imbalance of caloric intake and expenditure. Obese individuals are at significantly greater risk for coronary artery disease, high blood pressure, diabetes, and cancer, as compared to non-obese individuals. Both individual correlates and neighborhood conditions contribute to the risk for obesity. For example, family history, race/ethnicity, and residence in a low socioeconomic status neighborhood are all associated with increased risk of obesity. The retail food environment is one aspect of low socioeconomic status neighborhoods that may contribute to increased obesity risk. …

Experimental Study Of The Effects Of Green Tea, Alejandra Avila

Open Access Theses & Dissertations

Background. Leishmaniasis is a parasitic disease caused by an intracellular parasite belonging to the genus Leishmania. The cutaneous form of the disease causes often significant disfigurement, accelerates progression to clinical AIDS and tuberculosis, and is associated with a number of adverse economic, psychosocial, and nutritional consequences. An estimated 350 million persons are at risk for this globally distributed disease and 1.5-2 million new cases occur annually. Leishmaniasis is endemic in 88 countries on five continents. It is distributed throughout most of the Americas ranging from southern Texas to northern Argentina. It is also regarded as a threat to the readiness …

Forecasting Tourist Arrivals To The Bahamas Using Error Correction Models, Jacky Sharon Charles

Open Access Theses & Dissertations

Tourism is the major domestic export for many countries in the Caribbean region. Given this, the variables which influence tourism demand in this region, as well as accurate forecasts, can assist policy makers in their planning efforts and growth strategies. This study utilizes error correction models (ECMs) to analyze tourism demand in the Bahamas. This is the first empirical attempt to estimate ECMs for tourism demand in the Caribbean region. Findings suggest that income and habit persistence/word of mouth advertising are the primary determinants of tourism demand in the Bahamas, while the cost of travel is generally insignificant. To assess …

A Case Study On The Integration Of Internet Technology With Mathematics And Science Content For Teachers, Pilar Gonzalez

Open Access Theses & Dissertations

This study analyzed electronic discourse in an online mathematics/science education graduate course. The intention was: a) to identify the teacher's attitudes towards using internet resources, b) to motivate teachers to integrate the use of technology and c) to study how in-service and pre-service teachers find, access, and use technology resources.

The main activities in the class were for teachers to read chapters from textbooks, post personal reflections on the chapter, search and critically assess the companion websites and read classmates' reflections. Teachers also completed Thematic Units consisting of several technology-enhanced mathematical and science integrated lesson plans.

The teachers' success was …

Repeated Measures Of Impact Verbal Memory Scores Of Concussed And Non-Concussed Individuals, Deshea Davis Gornowicz

Open Access Theses & Dissertations

This study compared ImPACT verbal memory scores of concussed and non-concussed athletes (n=6). This purpose of this study was to determine stability of verbal memory scores with repeated measures. Stability was determined using the ImPACT normative data for university of men and women published in the ImPACT manual. Based on visual inspection of the data, differences between groups was observed. All concussed participants demonstrated scores that were not stable according to the operational definition. All non-concussed participants were demonstrated stable verbal memory scores.

Analysis And Performance Practice Of Selected Works, Mark Aaron Grimm

Open Access Theses & Dissertations

A Thesis that discusses three major works within the percussion repertoire. The pieces are; Northern Lights by Eric Ewazen, Canaries and March by Elliott Carter and Rebonds movement A by Iannis Xenakis. The discussion explains aspects of the theoretical constructs of the works in regards to form, harmonic structure and phrasing as well as the basic performance practice techniques that are necessary in facilitating the performance of the works. The knowledge of the analytical aspects and performance practice techniques are vital to both performers and instructors.

Tungsten Oxide (Wo3) Thin Films For H2s Sensor Application In Energy Systems, Satya Kiran Gullapalli

Open Access Theses & Dissertations

The sulfur containing emissions in coal gasification systems to produce energy are devastating and hostile to the requirements of clean, environmental friendly, efficient, and economical energy. Therefore, hydrogen sulfide (H₂S) emissions in coal gasification plants must be monitored, controlled and effectively removed before the syngas is used for energy production. The present research focuses on the development and utilization of tungsten oxide (WO₃) thin films and nanostructures for H₂S application in the coal gasification systems. As a part of that overall goal, the present work was performed with a specific objective of understanding the …

Controlling Features And Processes For Radionuclide Release From Unsaturated Zone Geological Repositories, Lubna K. Hamdan

Open Access Theses & Dissertations

In the long run, nuclear waste packages will fail gradually due to localized and general corrosion and radionuclides will be transported to the accessible environment by ground water.

Two main failure scenarios are expected for the waste packages: Flow-through model and bathtub model; in the flow-through model water flows through the waste container, while in the bathtub model water pools inside the waste package. The Department of Energy, in their performance assessment of the proposed repository at Yucca Mountain, excluded the bathtub model from their analysis and assumed the diffusion and advection to be in the same direction in the …

The Relationship Between Soft Body Composition And Bone Mineral Density In Premenopausal Hispanic And Caucasian Women, Clarelouise Anita Highfield

Open Access Theses & Dissertations

Investigating the relationship between soft body composition and bone mineral density of premenopausal Hispanic and Caucasian women may help in determining strategies to lower the risk of osteoporosis in postmenopausal women. PURPOSE: To investigate the relationship between BMD and soft tissue body composition, including lean mass and fat mass, of premenopausal Caucasian and Hispanic women. METHODS: Participants were 76 Hispanic [mean ± SD age: 42.7 ± 4.6 y; ht: 161.3 ± 5.66 cm; body mass: 70.14 ± 15.09 kg; BMI: 26.92 ± 15.09 kg/m2] and 46 White [age: 43.8 ± 4.3 y; ht: 165.5 ± 6.16 cm; body mass: 66.37 …

The Premium, Breakeven, And Discount Exchange Rates Of The Mexican Peso In The El Paso Retail Sector, Raul Anton Munoz

Open Access Theses & Dissertations

This paper studies the exchange rates at which Mexican pesos are accepted by different retail sectors in El Paso, Texas. A random sample of 1,155 firms was surveyed to examine two aspects of reverse dollarization in the El Paso/Juarez border region. The first is to determine the percentage of retail businesses in El Paso that accept foreign currency in the form of Mexican pesos. The second is to calculate the effective exchange rate at which firms accept Mexican pesos. Out of 1,155 retail firms surveyed, 586 responses were obtained. The results of this investigation suggest that less than 14 percent …

Microstructure Investigation Of Al-Rich Titanium Aluminum Alloys, David Pham

Open Access Theses & Dissertations

The microstructures of Ti-Al alloys with 70-80 wt% Al were investigated. Aluminum wire (99.999%) and TiH₂ powder (99.7%) were used to produce the sample compositions inside a vertical tube furnace at 1600^oC in an Ar atmosphere. Argon is purified through a dehumidification and deoxidation system. Magnesium perchlorate Mg(ClO₄)₂ acts as a desiccant and titanium sponge pulls oxygen from the Ar in furnaces operating at 800^oC and 750^oC. X-ray diffraction and an optical microscope are used to identify phases and compositions

The Latina/O Mental Health Paradox Or Racial/Ethnic Disparities? Depression Among New Immigrants To The U.S, Sandra Iveth Ramirez

Open Access Theses & Dissertations

The Latino/a Mental Health Paradox states that the foreign-born immigrants have better mental health outcomes when compared with native-born groups of various ethno-racial backgrounds, with the gap in mental stress minimizing overtime. The objective of this study is to examine whether Latina/os immigrants suffer an ethno-racial disparity in mental health or if they have favorable mental health outcomes as predicted by the Paradox. Expanding on the Latina/o Mental Health Paradox, rather than comparing Latina/o immigrants with native-born, this study will compare depression among recently legalized Latina/os with recent legalized European immigrants.

Fabrication Of Miniature Drug Screening Platform Using Low Cost Bioprinting Technology, Jorge Ivan Rodriguez

Open Access Theses & Dissertations

In the pharmaceutical industry, new chemicals and substances are being tested to find appropriate compounds or mix for treating a specific disease. The demand for screening large compound collections against and increasing number of therapeutic targets has stimulated technology development in the areas of assay automation and miniaturization. Current methods for evaluating the reactions of cells use a volume in the range of microliters. We have developed a new and low-cost deposition method to fabricate miniature drug screening platform that can realistically and inexpensively evaluate biochemical reactions up to 4 substances per trial in a picoliter-scale volume. This paper describes …

Computer Aided Drug Design Methods & Quantitative Structure-Activity/Property Relationships, Suman Sirimulla

Open Access Theses & Dissertations

The first part of dissertation consists of development of a QSAR model for 229 mutagenic aromatic amines and a QSPR model of partial molar volumes of amino acids. A common procedure for QSAR analysis consist of data selection (generally sets of homologous series of compounds and their corresponding biological activities), tabulation of trial physicochemical or molecular structural descriptors, followed by a multilinear statistical analysis to derive a statistically valid QSAR correlation of the activity data making use of a subset of the trial descriptors. A final important step is cross-validation to assess the putative predictive (rather than just correlative) capabilities …

Mestizaje: Piro Indian And Spanish Vecino In Socorro, Texas From 1744 To 1813, David Camarena

Open Access Theses & Dissertations

This research examined culture on what is now the U.S./Mexico border, among Piro Indians and Spanish citizens (vecinos) in the community of Socorro, Texas between 1744 and 1813. The purpose was to better understand the process of mestizaje as experienced by Piro Indians as they participate in larger hegemonic Spanish civil and ecclesiastical institutions. Using archival materials along with secondary sources, this thesis reconstructs the antecedents that ultimately led the primary Indian community to transform into a Hispano settlement along the banks of the Río Grande. Pressured by vecino encroachment, participation in the Spanish wage-labor system, several environmental catastrophes in …

Simulation And Optimization Of Ultra Thin Photovoltaics, Jose Luis Cruz-Campa

Open Access Theses & Dissertations

Sandia National Laboratories (SNL) conducts pioneering research and development in Micro-Electro-Mechanical Systems (MEMS) and solar cell research. This dissertation project combines these two areas to create ultra-thin small-form-factor crystalline silicon (c-Si) solar cells. These miniature solar cells create a new class of photovoltaics with potentially novel applications and benefits such as dramatic reductions in cost, weight and material usage.

At the beginning of the project, unusually low efficiencies were obtained in the research group. The intention of this research was thus to investigate the main causes of the low efficiencies through simulation, design, fabrication, and characterization.

Commercial simulation tools were …

The Border At War: World War Ii Along The United States-Mexico Border, Winifred Baumer Dowling

Open Access Theses & Dissertations

The U.S.-Mexico border, especially the shared border of El Paso, Texas and Ciudad Juarez, Chihuahua, was in many ways transformed by the effects of World War II. This study examines change or continuity brought about by the war. The border region reflected many similarities to the national reaction to the upheaval of World War II. Yet there were dramatic differences as well. Examples of continuity and change are examined through the lens of border relations, labor and the economy, Mexican Americans, border women, and health on the border.

Wartime relations between El Paso and Juarez reached a zenith of good …

El Paso, Texas, And Ciudad Juarez, Chihuahua, 1880-1930: A Material Culture Study Of Borderlands Interdependency, Gladys Arlene Hodges

Open Access Theses & Dissertations

ABSTRACT

Material culture theory informs this study of urban history and borderlands interdependency at El Paso, Texas, and Ciudad Juárez, Chihuahua, Mexico, from 1880-1930. Features incised into and structures built onto the natural environment by the first arriving colonists after the mid-seventeenth century endured for more than two centuries. Over that period, the humanly-created material environment, a social product, fed back into the development of social forms--institutions, rituals, practices, modes of interaction, activities, and beliefs. A significant number of these social forms endured into the late nineteenth century and beyond, even after mechanization and industrialization arrived in the region known …