Digital Commons Network^™

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 …

A Standard Clause Analysis Of The Frustration Doctrine And The Material Adverse Change Clause, Andrew A. Schwartz

Publications

In the darkest depths of a corporate merger agreement lies the MAC clause, a term that permits the acquirer to walk away from a transaction if, between signing and closing, the target company experiences a "Material Adverse Change." Multibillion-dollar deals rise or fall based on the anticipated interpretation of a MAC clause, and invocation of the clause in a sensitive transaction could trigger the collapse of the global financial system. In short, the MAC clause is the most important contract term of our time. And yet--due to an almost total lack of case law--no one knows what it means.

In …

An Inventory And Condition Survey Of The Western Australian Part Of The Nullarbor Region, Peter-Jon A. Waddell, A K. Gardner, P Hennig

Technical Bulletins

The inventory and condition survey of the Western Australian part of the Nullarbor region, undertaken by the Department of Agriculture and Food, Western Australia (DAFWA) between 2005 and 2007, describes and maps the natural resources of the region. This survey report provides a baseline record of the existence and condition of the area's natural resources, to assist with the planning and implementation of land management practices. The report identified and described the condition of soils, landforms, vegetation, habitat, ecosystems, and declared plants and animals. It also assessed the impact of pastoralism and made land management recommendations. The Nullarbor region has …

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 …

Function Point Analysis In Computer Science Capstone Projects, Evelyn Torres

Open Access Theses & Dissertations

Capstone projects at the Computer Science Department at the University of Texas at El Paso allow students to demonstrate their knowledge of software engineering. During the capstone project, students work on a project that simulates industry; students have a client and a supervising team. Before a project is implemented, professors must assess the project to ensure consistency with previous projects and a significant experience for the students. Currently, a project is assessed primarily on past experiences. In industry, agreeing to completing and delivering a project without assessing the scope and estimating the project cost is neither acceptable nor profitable. Similarly …

Effects Of Unbalanced Approach Volumes On Roundabout Operations, Marilyn Valdez

Open Access Theses & Dissertations

Modern roundabouts are increasingly popular in the United States due to their advantages in improving safety and reducing delay at intersections. A roundabout is an intersection in which traffic enters the intersection and travels in a circular counterclockwise motion around a center island. In a roundabout, priority is given to vehicles traveling in the circular roadway, and incoming traffic at the roundabout approach must yield to the circulating traffic. If there is an unbalance in approach volume, the approaches with higher input volumes may dominate the circulating flow preventing vehicles the other approaches to enter the roundabout. This may consequently …

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 …

The Use Of Social Marketing As A Means Of Promoting Enviornmental Conservation: A Case Study Of Indonesian Biodiversity Campaigns, Alesia Za Gara

Open Access Theses & Dissertations

As a means of preserving Indonesia's natural allure and resources it is evident that there must be a conscious shift made wherein environmental conservation becomes top priority among the people of Indonesia and the world. Traditionally dealt with through a country's governmental facets, a new tread of social marketing is now being employed ENGOs in various countries such as Indonesia as a way to promote biodiversity conservation. For example, one such ENGO is Rare Conservation, an international organization that teaches social marketing tools to classes or cohorts of individuals around the world as a means of improving a variety of …

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 …

Stochastic Optimization For Learning-Based Super-Resolution: Algorithms And Applications, Jun Zheng

Open Access Theses & Dissertations

Human beings get much of their information visually and depend on perception of images for many critical tasks, such as object identification, medical image analysis, photography, etc. In many visual-based applications, higher resolution images are required for perceiving and receiving critical information. A high resolution image can contribute to a better identification of a suspect's face, or a more accurate localization of a tumor in a mammogram, or a more pleasing view in high definition television, and so on. However, it is hard to obtain the high resolution images needed for some applications, for example, the cost of sensors increases …

Signature Matrices: The Eigenvalue Problem, Valeria Aguirre Holguin

Open Access Theses & Dissertations

Dealing with matrices can give us a hard time, especially when their dimension is too big, but we also well know how valuable information a matrix may carry, and that is why we study them. When a matrix has a significant number of zeroes we realize how much easier all calculations are. For instance, the product will be simpler to calculate, the determinant, the inverse and even the eigenvalue problem. This thesis provides the description and behavior of a very special kind of matrices which we call signature matrices. A particular feature of these matrices lies in the fact that …

Intelligent Tutoring For Interviewing To Detect Deception: Can Investigators Be Trained To Attain And Detect Accurate Cues To Deception?, Justin Albrechtsen

Open Access Theses & Dissertations

The present study examined whether investigators can be trained to elicit and detect cues to deception. The study included two training conditions and a control condition. Participants in the virtual Human Intelligent Tutoring System (vHITS) conditions completed a training program for deception detection and investigative interviewing. The primary components of this training were one-on-one interaction with a virtual human and tutoring tailored to specific participant responses. Participants in the Computer Based Training (CBT) conditions completed a comparable training program for deception detection and investigative interviewing. However, this program provided a more passive training environment with no interaction between student and …

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. …

Vocabulary Acquisition Of Bilingual Students Through The Implementation Of Dialogic Shared Storybook Reading Techniques, Samantha Kamille Ariaz

Open Access Theses & Dissertations

Children who are learning English as a second language and whose caregivers speak only Spanish were chosen to participate in the study. Parents were trained using Dialogic Shared Storybook Reading (DSSR) techniques (Whitehurst, 1988). The study was a single subject multiple baseline design across behaviors. Reading conditions were counterbalanced to control for acquisition of new vocabulary. There were a total of five participants, three children and two mothers (n=5). The participants were separated into two families. Each family was exposed to three reading book conditions while the parents implemented the specified techniques: 1. Shared reading with an electronic, bilingual Spanish/ …

Synthesis And Conjugation Of Terminal Α-Galactose Containing, Roger Allan Ashmus

Open Access Theses & Dissertations

Over 16 million people in Latin America are infected with the protozoan parasite Trypanosoma cruzi (T. cruzi), the causative agent of Chagas disease, and up to 50,000 infected people die annually due to complications during the chronic stage of the disease. To date, there are no vaccines or effective drugs to treat chronic Chagas disease. It is known that T. cruzi contains cell surface mucin-like glycoproteins with terminal α-galactosyl residues, and it is well established that they are highly immunogenic. The exact structure of the immunogenic carbohydrate epitopes, however, remains unknown. To determine which epitopes have the ability to interact …

Results Of New Petrologic And Remote Sensing Studies In The Big Bend Region, Stevan Christian Benker

Open Access Theses & Dissertations

The initial section of this manuscript involves the South Rim Formation, a series of 32.2-32 Ma comenditic quartz trachytic-rhyolitic volcanics and associated intrusives, erupted and was emplaced in Big Bend National Park, Texas. Magmatic parameters have only been interpreted for one of the two diverse petrogenetic suites comprising this formation. Here, new mineralogic data for the South Rim Formation rocks are presented. Magmatic parameters interpreted from these data assist in deciphering lithospheric characteristics during the mid-Tertiary.

Results indicate low temperatures (< 750 °C), reduced conditions (generally below the FMQ buffer), and low pressures (≤ 100 MPa) associated with South Rim Formation magmatism with slight conditional differences between the two suites. Newly discovered fayalite microphenocrysts allowed determination of oxygen fugacity values (between -0.14 and -0.25 ΔFMQ over temperature ranges of 680-700 °C), via mineral equilibria based QUILF95 calculations, for Emory Peak Suite.

Petrologic information is correlated with structural evidence from Trans-Pecos Texas and adjacent regions to evaluate debated timing of tectonic …

Smoking Cessation, Reduction And Motivation Change In A Predominantly Hispanic Sample, Jose Alonso Cabriales

Open Access Theses & Dissertations

To date, few studies have focused on smoking cessation specifically for light and intermittent smokers (fewer than 10 cigarettes per day). Light and intermittent smoking have been on the rise for the past years, and multiple studies have documented the detrimental health effects of low-level smoking. This study assessed the efficacy of a brief smoking cessation intervention for light smokers in a predominantly Hispanic community sample. Additionally, predictors of quitting were also assessed. Two hundred and fifty light and intermittent smokers were recruited primarily from a family health clinic and the UTEP campus. Participants completed baseline measures assessing demographics, tobacco …

Oxidation Of Dibenzothiophene To Dibenzothiophene Using Metal Nanoparticles Supported On Silica, Karina Castillo

Open Access Theses & Dissertations

Silica and nanoparticles of Pt, Au, and Ag supported on silica were tested for the ability to oxidize dibenzothiophene (DBT) to sulfone. High performance liquid chromatography was used to study the removal of DBT from solution. In addition, X- ray diffraction, infrared spectroscopy and Raman Spectroscopy were used to characterize the product of the oxidation reaction. Further studies involved the use X-ray absorption spectroscopy to characterize the nanoparticle catalysts before and after the oxidation reaction.

To better understand the reaction, silica was synthesized at different pHs using three different acids. The acids used to synthesize the silica were HCl, HNO3, …

Conversion Of Racemic Ibuprofen To (S)-Ibuprofen, David Chavez-Flores

Open Access Theses & Dissertations

Ibuprofen is a common Non-Steroidal Anti-Inflammatory Drug (NSAID) sold as a racemic or equal mixture of (R) and (S) mirror-image enantiomers. Without patent protection, ibuprofen is an orphan drug even though one enantiomer, (S)-ibuprofen, provides relief three times faster than its racemic mixture with fewer side effects. The goal of this research was to develop a facile, environmentally benign (no waste of ibuprofen or catalysts), and inexpensive process to convert a commercially available racemic mixture of ibuprofen to the therapeutically active (S)-ibuprofen.

After many attempts, the most successful conversion of racemic ibuprofen to (S)-ibuprofen was the in situ racemization and …

Engineering Design Educational Model: From Skills To Objectives, Jose Gabriel Davila Rangel

Open Access Theses & Dissertations

The objective of this thesis is to develop an engineering design educational pedagogy on how to improve the engineering design learning experience. The design engineering activity is a complex mix of skills and knowledge that has been taught over decades by directly delivering to the students the design methodologies developed by design researchers and by exposing the students to open ended projects that could develop their design skills. Understanding this we can conclude that the three main pedagogical components of a successful educational design experience are: the design skills, the design methods and the design projects. On one hand, the …

Social Disorganization And The Spatial Distribution Of Homicides In El Paso, Nicholas Andrew Emerick

Open Access Theses & Dissertations

Recent research on social disorganization theory shows general support for economic and stability measures of disorganization, but spatial dispersions and the disaggregation of homicides of crime have not been fully examined. 1985-1995 homicide data from the El Paso Police Department's detective logs and US Census data are combined to explore social disorganization in El Paso, the impact of ports of entry, and how motive interacts with social disorganization. Findings for total homicides in El Paso support existing social disorganization research. Motive specific homicides displayed distinct relationships to the disorganization measures. The concentrations of homicides near ports of entry can be …

Spectroscopic Analysis Of Tungsten Oxide Thin Films For Sensor Applications, Jose Luis Enriquez Carrejo

Open Access Theses & Dissertations

The objective of this study is targeted toward improving the quality of pure tungsten oxide (WO3) for application to the detection of poisoning gases, especially of H2S. While pure WO3 is a recognized candidate for gas sensing, its characteristics are strongly dependent on the conditions and methods used in its deposition.

Samples of WO3 thin films analyzed in this work were grown on silicon and sapphire substrates using RF magnetron sputtering at a number of different substrate temperatures and Ar:O2 pressure ratios. The properties of the samples were investigated spectroscopically with the goal of determining how variations in the above …

Assessing Annual And Seasonal Spatial Variability Of Ambient Pm10 Using Linear Regression Analysis In A United States-Mexico Urban Sprawl, Mario Ivan Garcia

Open Access Theses & Dissertations

As air quality issues grow progressively in the consciousness of the global community, stakeholders are pressing for epidemiologic studies of air pollution. The effects of chronic exposure to ambient air pollution remain a difficult challenge due to its substantial small-scale spatial variation. Recent approaches to assess intra-urban exposure have employed the use of proximity-based assessment, interpolation methods, emission-meteorological models, dispersions models, and land-use regression (LUR) models.

This thesis assesses the spatial variability of ambient particulate matter (PM10) obtained by five self-governing models for the area of El Paso. Using multiple linear regression analysis five regression-based equations were developed to predict …

An Ab-Initio Study Of The Elastic Properties Of Important Group Iv Diborides At High Temperatures, Manny Gonzales

Open Access Theses & Dissertations

Presented is an ab-initio Molecular Dynamics (MD) study, employing the Density Functional Theory (DFT), of the lattice parameter, thermal expansion coefficients and elastic constants of ZrB₂, TiB₂ and HfB₂ as a function of temperature. The MD trajectories provide the equilibrium lattice parameters at finite temperatures, and the gradient of the energy from these equilibrium solutions is then used to calculate the components of the stiffness tensor. The results for ZrB₂ are shown to agree well with reported experimental results for the lattice parameters and elastic constants as a function of temperature.

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.

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 …

Transfer Learning Techniques For Deep Neural Nets, Steven M. Gutstein

Open Access Theses & Dissertations

Inductive learners seek meaningful features within raw input. Their purpose is to accurately categorize, explain or extrapolate from this input. Relevant features for one task are frequently relevant for related tasks. Reuse of previously learned data features to help master new tasks is known as &lsquo transfer learning &rsquo. People use this technique to learn more quickly and easily. However, machine learning tends to occur from scratch.

In this thesis, two machine learning techniques are developed, that use transfer learning to achieve significant accuracy for recognition tasks with extremely small training sets and, occasionally, no task specific training. These methods …

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 …